138354718 International Human Rights Law Instruments

H u m a n R i g h t s I n s t r u m e n t s

More than a hundred documents are included in this edition of the Human Rights Instruments. The compilation

includes the most important general standards such as the main United Nations conventions, the main regional

conventions and the eight major ILO conventions as well as declarations and resolutions of international organisations

and numerous other relevant instruments in the field of public international law, humanitarian law and refugee law.

The usefulness or added value of this book, in comparison to the other compilations of a similar nature, is to be found

primarily in its compactness and accessibility, as well as the comprehensive list of keywords allowing for easy

reference.

Human Rights Instruments was compiled as part of the Human Rights Education Project carried out by the University for

Peace with funding from the Government of the Netherlands. The project is comprised of three books; the Human

Rights Instruments, the Human Rights Reference Handbook and Universal and Regional Human Rights Protection: Cases and

Commentaries, and a CD-ROM Human Rights Concepts, Ideas and Fora. The aim of the project is to provide rigorous,

multicultural educational materials for teaching and training in human rights for use by educational institutions,

inter-governmental and non-governmental organisations. The publications are designed as a ready reference and tool

for students, lawyers, teachers, diplomats and other professional groups, as well as the general public, providing

information on a broad spectrum of human rights topics related to standards and supervision, to substantive rights and

to fora where human rights are discussed. While this book stands alone and can be used independently, it should be

seen, nonetheless, as one component of a comprehensive ‘package’ or kit for human rights education.

The human rights instruments in this book are put in context in the Human Rights Reference Handbook that provides an

introduction to the main topics of international human rights law. It reviews, inter alia, standards, supervisory

mechanisms, principal organisations where human rights are discussed and international actors. In addition, it

provides a detailed examination of twelve substantive human rights and twelve vulnerable groups.

Universal and Regional Human Rights Protection: Cases and Commentaries brings together a selection of the case-law of

four important human rights supervisory bodies: the Human Rights Committee, the Inter-American Court of Human

Rights, the European Court of Human Rights, and the African Commission on Human and Peoples’ Rights with the aim

of facilitating access to and understanding of the work of these bodies. The book does not intend to provide an

exhaustive analysis of ‘jurisprudence’ but presents extracts of principal case-law on eight substantive human rights.

The full texts of the documents excerpted in Human Rights Instruments and cases analysed in Universal and Regional

Human Rights Protection: Cases and Commentaries and the Human Rights Reference Handbook as well as additional useful

materials may be found on the CD-ROM Human Rights Concepts, Ideas and Fora. The CD-ROM also includes the full text

of the three books.

H U M A N R I G H T S I N S T R U M E N T S

HREP

Theo van B

anningM

agdalena Sepúlveda

HREP

Hu

ma

n R

igh

ts

Ins

tr

um

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Theo van BanningMagdalena SepúlvedaGudrún D. Gudmundsdóttirand Christine Chamoun

Gudrún D

. Gudm

undsdóttir C

hristine C

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oun

ii

Published by the University for PeacePO BOX 138-6100, Ciudad Colon, Costa Rica

Tel: +506-205-9000 Fax: +506-249-1929

http://www.upeace.org

Copyright © University for Peace 2004

This book is protected by copyright, but parts may be reproduced for non-profit educational use. In the case ofreproduction, reference should be made to the source.

First published December 1985Second edition November 1991Third edition September 1993

Fourth edition March 2003Fifth edition October 2003

Sixth edition July 2004

Human Rights Instruments by Theo Van Banning, Magdalena Sepúlveda, Gudrun D. Gudmundsdottir and Christine Chamoun.

Includes Index.ISBN 9977-925-21-6

1. Human rights 2. Human rights law 3. Human rights conventions 4. International law

Cover: www.reussnewmedia.com

Typeset Times New Roman 8 / 9Printed in Costa Rica

by Mundo Grafico, San José

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PREFACE

The University for Peace is very pleased to present Human Rights Instruments , a compilation of international humanrights treaties and other documents relevant to human rights.

Human Rights Instruments is a component of the Human Rights Educational Project, centred at the headquarters ofthe University for Peace and carried out with the financial assistance of the Government of the Netherlands.

The other components of the Project are: the Human Rights Reference Handbook which provides an overview of thefield of human rights in an international perspective; Universal and Regional Human Rights Protection: Cases andCommentaries, a reference book with annotated case-law and materials on human rights which compares cases fromthe three regional human rights systems and the United Nations Human Rights Committee; and Human Rights Concepts,Ideas and Fora, a CD-ROM which contains materials to supplement the content of these books.

Together, these materials will constitute an ‘educational kit’ which will be of value to academics, university students,governmental and non-governmental organisations and other interested parties throughout the world, particularly indeveloping countries.

As an international institution of higher education for peace, the University for Peace uses four basic’‘delivery systems’to share and disseminate knowledge related to peace and human rights: graduate courses at its main campus in SanJosé, Costa Rica; delivery of courses at other universities or campuses; sharing and dissemination of course materials,including books and publications such as readers; and distance education courses via the Internet. The Human RightsEducational Project is designed to support all these four methods of dissemination of knowledge.

The main purpose of the Project is to provide an overview of the key issues related to human rights and a descriptionof the competences of the major human rights bodies, together with a convenient compilation of all relevant humanrights instruments. In particular, the Project constitutes a response by the University for Peace to the substantialdeterioration over the past decade in access to library materials for students in resource-poor developing countries.The rapid and important changes continually taking place in the field of human rights give rise to the clear need for theconstant replacement of books which are the essential foundations of learning and research. At the same time, theprice of books has soared while university resources available to purchase books have, in many cases, declined.

Widespread human rights education and the direct promotion of human rights are essential to strengthen human rightsprotection throughout society. We hope that the Human Rights Educational Project will contribute to the disseminationof knowledge about human rights law in civil society, in government and administration and in academia. It will thusmake a valuable contribution to the prevention of violence and conflict and to the pursuit of tolerance, understandingand peace which lie at the core of the activities of the University for Peace.

R. Martin LeesRectorUniversity for Peace

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INTRODUCTION

This book is a compact reference work, intended for students and human rights professionals to be used outside staffpremises or as a handy reference for general discussions on human rights.

The book provides a broad overview of instruments in the human rights field. The content of the selected instrumentsis focussed, as much as possible, on standards and supervisory mechanisms. Where necessary, due to limited space,procedural articles have been omitted. Major instruments are generally included in their complete form. However, aselection was inevitable among the many standards and articles that form part of the constantly growing body ofhuman rights instruments. The reasoning behind the selection of particular instruments is explained on the followingpages.

The following criteria were applied during the compilation of the work:

-easy to carry and compact: it was considered useful to have a compact document which could easily be carried toconferences and meetings; therefore the book has been limited to a maximum of 250 pages.-easy to copy: for day-to-day work Letter or A4 format was considered useful to facilitate copying, insertion intoreaders and attachment as annexes to memoranda. No two instruments were printed on the same page.-easy to compare: the texts in various standards should be easily comparable; therefore an index allowing for quickreference was included. Every instrument was given an acronym to facilitate search.-easy to search: the instruments should be easy to overview and search in the text should be simple. Single linekeywords were therefore added above each article, principle or paragraph. Whenever possible, the keywords werederived from the article itself.

The original texts of some instruments already contain keywords or descriptions above each article. In order toavoid confusion between original keywords and keywords added by the editor, the latter have been placed in squarebrackets: [...]. Amendments or additions to the text made by the editor are also placed in square brackets.

Keywords are often a matter of debate. No thesaurus was used in the definition of the keywords in this compilationbut the advantages of keywords were considered to outweigh the issues of contention and a comprehensive list hasbeen included. The keywords have been standardised as much as possible.

An attempt has been made to present a comprehensive and wide ranging overview of existing instruments in thefield of human rights. Attention has especially been paid to descriptions of supervisory mechanisms and instrumentsgoverning supervisory mechanisms. A novice to human rights should be able to get a comprehensive overview ofstandards and supervisory mechanisms from using this book.

- For this sixth edition many texts have been derived from the Internet.- General information is provided above each instrument.- The term “ratifications, etc.” implies the consent of states to be bound by the interpretation as stated in Article

2(1)(b) of the Vienna Convention on the Law of Treaties (annex 1, page i). The number of ratifications does notinclude signatures subject to ratification.

- As opposed to earlier editions of the Human Rights Instruments, excerpts of instruments have been included,rather than complete documents. In the selection of the excerpts emphasis was placed on the weightier articlesbut references to websites for full text versions of the selected standards are included.

- It is emphasised that in addition to treaties many other instruments and standards play an important role inhuman rights protection, therefore several declarations and resolutions have been included.

- In presenting excerpts, single articles are, where possible, quoted in full.- The formal title of each instrument is used only in the heading at the beginning of the document. In footnotes,

the table of contents and elsewhere, abbreviated titles are used.

This book will be updated regularly in the future, and the publisher welcomes comments, questions and suggestions forimprovement. Please address these comments to: [email protected].

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SELECTION

More than a hundred instruments are included in this edition of the Human Rights Instruments. The compilationincludes the most important general standards such as the International Bill of Human Rights, the main regionalconventions and the eight major ILO conventions. But other instruments are also included and it is warranted, in lightof the selection made, to ask why these instruments were chosen. Some explanation is required and may aid inunderstanding and the use of this reference book.

This compilation is mainly aimed at two different groups of readers. The first group consists of academics and studentswho need a good overview of existing standards on substantive rights and on the functioning of the supervisorymechanisms. The second group includes experts and civil servants who work regularly in the field of human rights andneed a compact and easy-to-carry compilation for consultation.

With these two groups in mind, a serious attempt has been made to present readers not only with insights, but also withthe possibility of comparison, notably with regard to substantive rights. Of the substantive rights, or issues related tosubstantive rights, at least six references for each of the following keywords were included in the index: arbitraryarrest, assembly, association, children, culture, death penalty, detention, education, discrimination, equality before thelaw, fair trial, family, health, minorities, life, participation, privacy, property, social security, women, work, thoughtand torture.

A balance was sought between global instruments and regional instruments. In previous editions more space wasgiven to European texts than to other regional instruments. In this edition, the number of Inter-American and Africaninstruments has been substantially expanded, allowing for a more in-depth comparison.

As decreed by international law, instruments that have been adopted or treaties that have been ratified have to becomplied with (Pacta sunt servanda). To ensure compliance, a degree of supervision is necessary. Many of the standardsgoverning the supervisory mechanisms are included in treaties, these are known under the United Nations system astreaty-based supervisory mechanisms. Examples of treaties establishing supervisory mechanisms include the AmericanConvention on Human Rights (Articles 33-69, doc. 2 B.2) and the European Convention for the Protection of HumanRights (Articles 19-51, doc. 2 C.1). Some treaties only deal with supervision, such as the First Protocol to the UNConvention against Torture (doc. 1 B.4.1), and the European Convention for the Prevention of Torture (doc. 2 C.3).

Several supervisory mechanisms are the result of decisions or resolutions of representative bodies supervising compliancewith human rights. Examples of such decision-making bodies are the Commission on Human Rights of the UnitedNations or the Committee of Ministers of the Council of Europe. Supervisory mechanisms based on decisions orresolutions, which do not have the character of a treaty, are commonly known as non-treaty-based or charter-basedsupervisory mechanisms. Typical examples of such supervisory mechanisms are the UN procedures based on resolution1235 (doc. 1 F.1) and resolution 1503 (doc. 1 F.2). At the regional level, typical examples of non-treaty-based mechanismsare the Declaration of the Committee of Ministers of the Council of Europe establishing the Committee against Racismand Intolerance (doc.2 C.6), and the procedure included in the Vienna document on the Human Dimension (doc. 2E.2).

Supervisory mechanisms are extremely important and receive much attention in this book. These are commonlydivided into four groups:

The first, and according to some experts the most important, is the individual complaints mechanism. An example isthe procedure before the European Court of Human Rights (Articles 19-51, doc. 2 C.1). Another example is themechanism established by the Optional Protocol to the International Covenant on Civil and Political Rights (doc. 1A.3.1.).

The second supervisory mechanism is the reporting mechanism. Leading at the global level are the reporting mechanismsof the International Covenant on Civil and Political Rights and other major UN Human Rights Conventions (doc. 1B.2; 1 B.3 and 1 B.4). A good example at the regional level is the mechanism of the European Framework Conventionon Minorities (Article 25, doc. 2 C.4).

The third group of supervisory mechanisms is the Inter-State complaints mechanism. This mechanism has been includedin several major conventions such as the International Covenant on Civil and Political Rights (Article 41, doc. 1 A.3.)and the Genocide Convention (Articles 8 and 9, doc. 1 B.1). In practice this mechanism is of limited importance. It isvery seldom used.

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Finally, the fourth group consists of a system of inquiries, field visits and other forms of fact-finding or advisorymissions. This group is referred to in this book as ‘inquiries and other procedures’ and comprises all mechanisms notincluded in the other groups. This procedure is important in establishing facts, preventing violations and promotinghuman rights. At the global level, procedures such as fact-finding missions have been included, inter alia, in the FirstProtocol to the Convention against Torture (doc. 1 B.4.1) and in the First Protocol to the Geneva Conventions (Article90, doc. 1 H.5). At the regional level, a system of inquiries is found in the European Convention for the Prevention ofTorture (doc. 2 C.3).

In human rights the process of development of standards is important. For this reason, several documents on theCSCE/OSCE process, demonstrating the gradual development of standards, have been included. In order to illustratethe process of development of human rights norms in the UN system, the UNGA resolution on human rights standardsetting (doc. 1 F.4), has been included.

Principles for the administration of justice are found in all major treaties, including the Rome Statute of the InternationalCriminal Court (doc. 3.4). In addition, several instruments on the administration of justice and due process have beenincluded in a separate chapter (doc. 1.D). Many of these instruments do not have the status of treaties, but do contribute,as important sources of law, to better compliance with due process principles.

Several instruments, not normally classified as human rights instruments, contain important provisions relevant tohuman rights; such as, the sources of international law as laid out in the Statute of the International Court of Justice(Article 38, doc.3.2). Moreover, the interpretation of reservations as found in the Vienna Convention on the Law ofTreaties (Articles 19-22, doc. 3.3) is also relevant to the human rights field. In the case of civilians, vulnerable in timesof war, the First Protocol to the Geneva Conventions is important (Article 75, doc. 1 H.5).

It should be kept in mind that the establishment of human rights and standard setting is a political process. Manydocuments relevant to human rights contain political under- or overtones but can nevertheless be important and usefulin promoting compliance with human rights standards. Examples of such documents are the CSCE/OSCE declarationsof Vienna (doc. 2 E.2) and Copenhagen (doc. 2 E.3), the Inter-American Democratic Charter (doc. 2 B.6) and theCharter of Nice (doc.2 D.2). Moreover, Article 98 of the International Criminal Court (doc. 3.4) has also given rise tomuch acrimonious political discourse in recent years. The political and religious influences are also clear in the CairoDeclaration on Human Rights in Islam (doc. 2 F).

Finally, substantial attention is given to the protection of so-called vulnerable groups; including Women (docs. 1 B.3;2 A.3 and 2 B.5), Children (docs. 1 B.5 and 2 A.3) and Refugees (docs. 1 F.1 and 2 A.2), as well as groups that morerecently have been given special or renewed attention such as Disabled Persons (docs. 1 E.5. and 2 B.7) and Minorities(docs. 1 E.4; 1 E.3; 2 C.4 and 2 C.5).

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TABLE OF CONTENTS

Preface iiiIntroduction vSelection vii

1. GLOBAL INSTRUMENTS ON HUMAN RIGHTS ................................................................................... 1

A. International Bill of Human Rights ................................................................................................................ 2

B. Major United Nations Conventions ............................................................................................................... 15

C. Labour Instruments ........................................................................................................................................ 48

D. Administration of Justice ............................................................................................................................... 58

E. Instruments Protecting Special Groups ........................................................................................................ 78

F. Procedural Instruments ................................................................................................................................. 88

G. General Instruments ....................................................................................................................................... 96

H. International Humanitarian Law ................................................................................................................ 109

2. REGIONAL INSTRUMENTS ON HUMAN RIGHTS ........................................................................... 125

A. African Union ............................................................................................................................................... 126

B. Organisation of American States ................................................................................................................. 143

C. Council of Europe ........................................................................................................................................ 166

D. European Union ........................................................................................................................................... 199

E. Organisation for Security and Co-operation in Europe ............................................................................ 203

F. Organisation of the Islamic Conference ..................................................................................................... 215

3. INTERNATIONAL LAW INSTRUMENTS............................................................................................. 217

A. General Instruments ..................................................................................................................................... 218

B. International Courts ..................................................................................................................................... 223

annex 1. List of acronyms/abbreviations.............................................................................................................. 235annex 2. Index........................................................................................................................................................ 236

annex 3. Useful internet resources........................................................................................................................ 243

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TABLE OF CONTENTS

Preface iiiIntroduction vSelection vii

1. GLOBAL INSTRUMENTS ON HUMAN RIGHTS

A. International Bill of Human Rights1. Universal Declaration of Human Rights (UDHR)..............................................................................................22. International Covenant on Economic, Social and Cultural Rights (ICESCR)...................................................43. International Covenant on Civil and Political Rights (ICCPR)..........................................................................73.1. Optional Protocol to the ICCPR........................................................................................................................133.2. Second Optional Protocol to the ICCPR, Aiming at the Abolition of the Death Penalty ................................14

B. Major United Nations Conventions1. Convention on the Prevention and Punishment of the Crime of Genocide......................................................152. International Convention on the Elimination of All Forms of Racial Discrimination (CERD) ......................163. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).........................203.1. Optional Protocol to the CEDAW.....................................................................................................................244. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)........264.1. Optional Protocol to the CAT............................................................................................................................305. Convention on the Rights of the Child (CRC)..................................................................................................345.1. First Optional Protocol to the CRC; on the Involvement of Children in Armed Conflict ...............................405.2. Second Optional Protocol to the CRC; on the Sale of Children Child Prostitution and Child Pornography..426. International Convention on the Protection of the Rights of All Migrant Workers and Members of their

Families (CMW) (E) .........................................................................................................................................44

C. Labour Instruments1. ILO 029 Convention; Forced or Compulsory Labour (E) ................................................................................482. ILO 087 Convention; Freedom of Association and Protection of the Right to Organise ................................493. ILO 098 Convention; Application of the Principles of the Right to Organise and to Bargain Collectively ...504. ILO 100 Convention; Equal Remuneration for Men and Women Workers for Work of Equal Value.............515. ILO 105 Convention; Abolition of Forced Labour...........................................................................................526. ILO 111 Convention; Discrimination in Respect of Employment and Occupation.........................................537. ILO 122 Convention; Employment Policy Convention ...................................................................................548 ILO 138 Convention; Minimum Age for Admission to Employment..............................................................559. ILO 182 Convention; Prohibition and Immediate Action for the Elimination of the Worst Forms of

Child Labour......................................................................................................................................................57

D. Administration of Justice and Protection of Persons Subject to Detention or Imprisonment1. Standard Minimum Rules for the Treatment of Prisoners................................................................................582. Code of Conduct for Law Enforcement Officials.............................................................................................633. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment ..........654. Principles of Medical Ethics .............................................................................................................................685. Basic Principles on the Independence of the Judiciary ....................................................................................696. Basic Principles on the Role of Lawyers ..........................................................................................................707. Declaration on the Protection of All Persons from Enforced Disappearances.................................................728. Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary

Executions .........................................................................................................................................................749. Basic Principles for the Treatment of Prisoners ...............................................................................................7610. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power....................................77

E. Instruments Protecting Special Groups1. Convention Relating to the Status of Refugees (E) ..........................................................................................782. Protocol Relating to the Status of Refugees .....................................................................................................81

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3. Cartagena Declaration on Refugees..................................................................................................................824. Slavery Convention of 1926..............................................................................................................................835. Declaration on the Rights of Persons Belonging Minorities (UN GA Resolution 47/135) .............................846. ILO 169 Convention; Indigenous and Tribal Peoples in Independent Countries (E) ......................................857. Declaration on the Rights of Disabled Persons (UN GA Resolution 3447 (XXX)) ........................................87

F. Procedural Resolutions1. ECOSOC Resolution 1235 (XLII)....................................................................................................................882. ECOSOC Resolution 1503 (XLVIII) ................................................................................................................892.1. Procedure for dealing with communications concerning human rights (ECOSOC Resolution 2000/03).......903. General Assembly Resolution: Setting standards in the field of human rights (UN GA Resolution 41/120).924. ECOSOC Resolution: Consultative relationship between the United Nations and Non-Governmental

Organisations (ECOSOC Resolution 1996/31) ................................................................................................93

G. General Instruments1. UNESCO Convention against Discrimination in Education............................................................................962. Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or

Belief (UN GA Resolution 36/55) ....................................................................................................................983. Declaration on the Right to Development (UN GA Resolution 41/128) .........................................................994. Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and

Protect Universally Recognized Human Rights and Fundamental Freedoms (UN GA Resolution 53/144)...1015. Proclamation of Teheran .................................................................................................................................1036. Vienna Declaration and Programme of Action (E).........................................................................................104

H. International Humanitarian Law1. Geneva Convention I; for the Amelioration of the Condition of the Wounded and Sick in Armed Forces

in the Field.......................................................................................................................................................1092. Geneva Convention II; for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked

Members of Armed Forces at Sea ...................................................................................................................1103. Geneva Convention III; relative to the Treatment of Prisoners of War.......................................................... 1114. Geneva Convention IV; relative to the Protection of Civilian Persons in Time of War ................................1155. Protocol I to the Geneva Conventions; and Relating to the Protection of Victims of International

Armed Conflicts ..............................................................................................................................................1196. Protocol II to the Geneva Conventions; and Relating to the Protection of Victims of Non-International

Armed Conflicts ..............................................................................................................................................123

2. REGIONAL HUMAN RIGHTS INSTRUMENTS

A. African Union1. African Charter on Human and Peoples’ Rights (African Charter)................................................................1261.1. Protocol to the African Charter on the Establishment of the African Court of Human and Peoples’ Rights..1301.2. Protocol to the African Charter on the Rights of Women in Africa ...............................................................1322. Convention Governing the Specific Aspects of Refugee Problems in Africa................................................1363. African Charter on the Rights and Welfare of the Child ................................................................................138

B. Organisation of American States1. American Declaration of the Rights and Duties of Man ................................................................................1432. American Convention on Human Rights: ‘Pact of San Jose’.........................................................................1452.1. Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural

Rights (‘Protocol of San Salvador’)................................................................................................................1522.2. Protocol to the American Convention to Abolish the Death Penalty .............................................................1553. Inter-American Convention to Prevent and Punish Torture ...........................................................................1564. Inter-American Convention on the Forced Disappearance of Persons ..........................................................1585. Inter-American Convention on the Prevention, Punishment and Eradication of Violence against

Women (‘Convention of Belem do Para’) ......................................................................................................1606. Inter-American Democratic Charter ...............................................................................................................1627. Inter-American Convention on the Elimination of Discrimination Against Persons with Disabilities.........164

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C. Council of Europe1. Convention on the Protection of Human Rights and Fundamental Freedoms (European Convention)2 ......... 1661.1. Protocol No.1 to the European Convention ....................................................................................................1711.2. Protocol No.4 to the European Convention, securing certain rights and freedoms other than

those already included in the Convention and in the First Protocol...............................................................1721.3. Protocol No.6 to the European Convention concerning the abolition of the death penalty...........................1731.4. Protocol No. 7 to the European Convention (securing additional human rights) ..........................................1741.5. Protocol No.12 to the European Convention (general prohibition of discrimination)...................................1751.6. Protocol No.13 to the European Convention concerning the abolition of the death penalty in all

circumstances ..................................................................................................................................................1761.7 Protocol No.14 to the European Convention aimed at reinforcing the effectiveness of the European Court1771.8. Information on Protocols to the European Convention not included separately ...........................................1792. European Social Charter (Revised).................................................................................................................1802.1 Protocol Amending the European Social Charter (Turin Protocol)................................................................1862.2. Additional Protocol to the European Social Charter Providing for a System of Collective Complaints ......1883. European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or

Punishment (E)3 ........................................................................................................................................................................................................... 1894. Framework Convention for the Protection of National Minorities ................................................................1915. European Charter for Regional or Minority Languages .................................................................................1946. Declaration and Plan of Action on Combating Racism, Xenophobia, Antisemitism and Intolerance ..........198

D. European Union1. Consolidated version of the Treaty on European Union (E) ..........................................................................1992. Charter of Fundamental Rights of the European Union (Charter of Nice) ....................................................200

E. Organisation for Security and Co-operation in Europe1. Helsinki Final Act (E) .....................................................................................................................................2032. Concluding Document of the Vienna Meeting (1986-1989) (E) ....................................................................2043. Document of the Copenhagen Meeting of the Conference of the Human Dimension of the CSCE.............2064. Report of the CSCE Meeting of Experts on National Minorities...................................................................2115. Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE (E) ............2126. Charter for European Security (Istanbul Meeting) (E)...................................................................................213

F. Organisation of the Islamic Conference1. Cairo Declaration on Human Rights in Islam.................................................................................................215

3. INTERNATIONAL LAW INSTRUMENTS

A. General Instruments1. Charter of the United Nations (E) .................................................................................................................. 2182. Vienna Convention on the Law of Treaties (E) ..............................................................................................220

B. International Courts1. Statute of the International Court of Justice (E) .............................................................................................2232. Statute of the International Criminal Tribunal for the Former Yugoslavia ....................................................2243. Statute of the International Tribunal for Rwanda (E) .....................................................................................2284. Rome Statute of the International Criminal Court..........................................................................................229

annex 1. List of acronyms/abbreviations ...................................................................................................................235annex 2. Index ............................................................................................................................................................236annex 3. Useful internet resources........................................................................................................................... 243

1. (E) = excerpts. Only part of the text is included.2. Consolidated version, including Protocol No. 11, and covering protocols 2, 3, 5, 8, and 10.3. Consolidated version, including two protocols.

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GLOBALHUMAN RIGHTSINSTRUMENTS

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1 A.1 UNIVERSAL DECLARATION OF HUMAN RIGHTS

-adopted and proclaimed by the UN General Assembly in resolution 217 A (III) of 10 December 1948 at Paris

PREAMBLEWhereas recognition of the inherent dignity and of the equal and

inalienable rights of all members of the human family is the foundationof freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted inbarbarous acts which have outraged the conscience of mankind, andthe advent of a world in which human beings shall enjoy freedom ofspeech and belief and freedom from fear and want has been proclaimedas the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse,as a last resort, to rebellion against tyranny and oppression, that humanrights should be protected by the rule of law,

Whereas it is essential to promote the development of friendlyrelations between nations,

Whereas the peoples of the United Nations have in the Charterreaffirmed their faith in fundamental human rights, in the dignity andworth of the human person and in the equal rights of men and womenand have determined to promote social progress and better standardsof life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respectfor and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms isof the greatest importance for the full realization of this pledge,

Now, therefore,The General Assembly Proclaims this Universal Declaration of

Human Rights as a common standard of achievement for all peoplesand all nations, to the end that every individual and every organ ofsociety, keeping this Declaration constantly in mind, shall strive byteaching and education to promote respect for these rights and freedomsand by progressive measures, national and international, to secure theiruniversal and effective recognition and observance, both among thepeoples of Member States themselves and among the peoples ofterritories under their jurisdiction.

Article 1 [free and equal in dignity and rights]All human beings are born free and equal in dignity and rights. They

are endowed with reason and conscience and should act towards oneanother in a spirit of brotherhood.

Article 2 [prohibition of discrimination]Everyone is entitled to all the rights and freedoms set forth in this

Declaration, 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.

Furthermore, no distinction shall be made on the basis of the political,jurisdictional or international status of the country or territory to whicha person belongs, whether it be independent, trust, non-self-governingor under any other limitation of sovereignty.

Article 3 [right to life, liberty and security]Everyone has the right to life, liberty and security of person.

Article 4 [prohibition of slavery]No one shall be held in slavery or servitude; slavery and the slave

trade shall be prohibited in all their forms.

Article 5 [prohibition of torture]No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment

Article 6 [right to recognition as person before the law]Everyone has the right to recognition everywhere as a person before

the law.

Article 7 [equality before the law]All are equal before the law and are entitled without any

discrimination to equal protection of the law. All are entitled to equalprotection against any discrimination in violation of this Declarationand against any incitement to such discrimination.

Article 8 [right to an effective remedy]Everyone has the right to an effective remedy by the competent

national tribunals for acts violating the fundamental rights granted himby the constitution or by law.

Article 9 [prohibition of arbitrary arrest]No one shall be subjected to arbitrary arrest, detention or exile.

Article 10 [right to a fair trial]Everyone is entitled in full equality to a fair and public hearing by

an independent and impartial tribunal, in the determination of his rightsand obligations and of any criminal charge against him.

Article 11 [presumption of innocence; no retroactive penal laws]1. Everyone charged with a penal offence has the right to be presumed

innocent until proved guilty according to law in a public trial at whichhe has had all the guarantees necessary for his defence.

2. No one shall be held guilty of any penal offence on account ofany act or omission which did not constitute a penal offence, undernational or international law, at the time when it was committed. Norshall a heavier penalty be imposed than the one that was applicable atthe time the penal offence was committed.

Article 12 [right to privacy]No one shall be subjected to arbitrary interference with his privacy,

family, home or correspondence, nor to attacks upon his honour andreputation. Everyone has the right to the protection of the law againstsuch interference or attacks.

Article 13 [freedom of movement, exit and re-entry]1. Everyone has the right to freedom of movement and residence

within the borders of each State.2. Everyone has the right to leave any country, including his own,

and to return to his country.

Article 14 [right to asylum]1. Everyone has the right to seek and to enjoy in other countries

asylum from persecution.2. This right may not be invoked in the case of prosecutions genuinely

arising from non-political crimes or from acts contrary to the purposesand principles of the United Nations.

Article 15 [right to nationality]1. Everyone has the right to a nationality.2. No one shall be arbitrarily deprived of his nationality nor denied

the right to change his nationality.

Article 16 [right to marry and family life]1. Men and women of full age, without any limitation due to race,

nationality or religion, have the right to marry and to found a family.They are entitled to equal right as to marriage, during marriage and atits dissolution.

2. Marriage shall be entered into only with the free and full consentof the intending spouses.

3. The family is the natural and fundamental group unit of societyand is entitled to protection by society and the State.

Article 17 [right to property]1. Everyone has the right to own property alone as well as in

association with others.2. No one shall be arbitrarily deprived of his property.


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Article 18 [freedom of thought, conscience and religion]Everyone has the right to freedom of thought, conscience and

religion; this right includes freedom to change his religion or belief,and freedom, either alone or in community with others and in public orprivate, to manifest his religion or belief in teaching, practice, worshipand observance.

Article 19 [freedom of opinion and expression]Everyone has the right to freedom of opinion and expression, this

right includes freedom to hold opinions without interference and toseek, receive and impart information and ideas through any media andregardless of frontiers.

Article 20 [freedom of assembly and association]1. Everyone has the right to freedom of peaceful assembly and

association.2. No one may be compelled to belong to an association.

Article 21 [participation in government]1. Everyone has the right to take part in the government of his country,

directly or through freely chosen representatives.2. Everyone has the right to equal access to public service in his

country.3. The will of the people shall be the basis of the authority of

government; this will shall be expressed in periodic and genuineelections which shall be by universal and equal suffrage and shall beheld by secret vote or by equivalent free voting procedures.

Article 22 [economic, social and cultural rights]Everyone, as a member of society, has the right to social security

and is entitled to realization, through national effort and internationalco-operation and in accordance with the organization and resources ofeach State, of the economic, social and cultural rights indispensablefor his dignity and the free development of his personality.

Article 23 [right to work]1. Everyone has the right to work, to free choice of employment, to

just and favourable conditions of work and to protection againstunemployment.

2. Everyone, without any discrimination, has the right to equal payfor equal work.

3. Everyone who works has the right to just and favourableremuneration ensuring for himself and his family an existence worthyof human dignity, and supplemented, if necessary, by other means ofsocial protection.

4. Everyone has the right to form and to join trade unions for theprotection of his interests.

Article 24 [right to rest and leisure]Everyone has the right to rest and leisure, including reasonable

limitation of working hours and periodic holidays with pay.

Article 25 [right to an adequate standard of living and health]1. Everyone has the right to a standard of living adequate for the

health and well-being of himself and of his family, including food,clothing, housing and medical care and necessary social services, andthe right to security in the event of unemployment, sickness, disability,widowhood, old age or other lack of livelihood in circumstances beyondhis control.

2. Motherhood and childhood are entitled to special care andassistance. All children, whether horn in or out of wedlock, shall enjoythe same social protection.

Article 26 [right to education]1. Everyone has the right to education. Education shall be free, at

least in the elementary and fundamental stages. Elementary educationshall be compulsory. Technical and professional education shall be madegenerally available and higher education shall be equally accessible toall on the basis of merit.

2. Education shall be directed to the full development of the humanpersonality and to the strengthening of respect for human rights andfundamental freedoms. It shall promote understanding, tolerance andfriendship among all nations, racial or religious groups, and shall furtherthe activities of the United Nations for the maintenance of peace.

3. Parents have a prior right to choose the kind of education thatshall be given to their children.

Article 27 [right to culture]1. Everyone has the right freely to participate in the cultural life of

the community, to enjoy the arts and to share in scientific advancementand its benefits.

2. Everyone has the right to the protection of the moral and materialinterests resulting from any scientific, literary or artistic production ofwhich he is the author.

Article 28 [social and international order]Everyone is entitled to a social and international order in which the

rights and freedoms set forth in this Declaration can be fully realized.

Article 29 [duties and limitations]1. Everyone has duties to the community in which alone the free and

full development of his personality is possible.2. In the exercise of his rights and freedoms, everyone shall be subject

only to such limitations as are determined by law solely for the purposeof securing due recognition and respect for the rights and freedoms ofothers and of meeting the just requirements of morality, public orderand the general welfare in a democratic society.

3. These rights and freedoms may in no case be exercised contraryto the purposes and principles of the United Nations.

Article 30 [no abuse of rights]Nothing in this Declaration may be interpreted as implying for any

State, group or person any right to engage in any activity or to performany act aimed at the destruction of any of the rights and freedoms setforth herein.


4

PREAMBLEThe 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 dignityand of the equal and inalienable rights of all members of the humanfamily is the foundation of freedom, Justice and peace in the world,

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

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

Considering the obligation of States under the Charter of the UnitedNations to promote universal respect for, and observance of, humanrights and freedoms,

Realizing that the individual, having duties to other individuals andto the community to which he belongs, is under a responsibility to strivefor the promotion and observance of the rights recognized in the presentCovenant,

Agree upon the following articles:

PART I [SELF-DETERMINATION]Article 1 [right to self-determination]

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

2. All peoples may, for their own ends, freely dispose of their naturalwealth and resources without prejudice to any obligations arising outor international economic co-operation, based upon the principle ofmutual benefit, and international law. In no case may a people bedeprived of its own means of subsistence.

3. The States Parties to the present Covenant, including those havingresponsibility for the administration of Non-Self-Governing and TrustTerritories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with theprovisions of the Charter of the United Nations.

PART II [GENERAL PROVISIONS]Article 2 [progressive realization]

1. Each State Party to the present Covenant undertakes to take steps,individually and through international assistance and co-operation,especially economic and technical, to the maximum of its availableresources, with a view to achieving progressively the full realization ofthe rights recognized in the present Covenant by all appropriate means,including particularly the adoption of legislative measures.

2. The States Parties to the present Covenant undertake to guaranteethat the rights enunciated in the present Covenant will be exercisedwithout discrimination of any kind as to race, colour, sex, language,religion, political or other opinion, national or social origin, property,birth or other status.

3. Developing countries, with due regard to human rights and theirnational economy, may determine to what extent they would guaranteethe economic rights recognized in the present Covenant to non-nationals.

Article 3 [equal right of men and women]The States Parties to the present Covenant undertake to ensure the

equal right of men and women to the enjoyment of all economic, socialand cultural rights set forth in the present Covenant.

Article 4 [limitations]The States Parties to the present Covenant recognize that, in the

enjoyment of those rights provided by the State in conformity with thepresent Covenant, the State may subject such rights only to suchlimitations as are determined by law only in so far as this may becompatible with the nature of these rights and solely for the purpose ofpromoting the general welfare in a democratic society.

Article 5 [no abuse of rights]1. Nothing in the present Covenant may be interpreted as implying

for any State, group or person any right to engage in any activity or toperform any act aimed at the destruction of any of the rights or freedomsrecognized herein, or at their limitation to a greater extent than isprovided for in the present Covenant.

2. No restriction upon or derogation from any of the fundamentalhuman rights recognized or existing in any country in virtue of law,conventions, regulations or custom shall be admitted on the pretextthat the present Covenant does not recognize such rights or that itrecognizes them to a lesser extent.

PART III [STANDARDS]Article 6 [right to work]

1. The States Parties to the present Covenant recognize the right towork, which includes the right of everyone to the opportunity to gainhis living by work which he freely chooses or accepts, and will takeappropriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant toachieve the full realization of this right shall include technical andvocational guidance and training programmes, policies and techniquesto achieve steady economic, social and cultural development and fulland productive employment under conditions safeguarding fundamentalpolitical and economic freedoms to the individual.

Article 7 [conditions of work]The States Parties to the present Covenant recognize the right of

everyone to the enjoyment of just and favourable conditions of workwhich ensure, in particular:a) Remuneration which provides all workers, as a minimum, with:i) Fair wages and equal remuneration for work of equal value without

distinction of any kind, in particular women being guaranteedconditions of work not inferior to those enjoyed by men, with equalpay for equal work;

ii)A decent living for themselves and their families in accordance withthe provisions of the present Covenant;

b)Safe and healthy working conditions;c) Equal opportunity for everyone to be promoted in his employmentto an appropriate higher level, subject to no considerations other thanthose of seniority and competence:d)Rest, leisure and reasonable limitation of working hours and periodicholidays with pay, as well as remuneration for public holidays.

Article 8 [trade union rights]1. The States Parties to the present Covenant undertake to ensure:

a) The right of everyone to form trade unions and join the trade unionof his choice, subject only to the rules of the organization concerned,for the promotion and protection of his economic and social interests.No restrictions may be placed on the exercise of this right other thanthose prescribed by law and which are necessary in a democratic societyin the interests of national security or public order or for the protectionof the rights and freedoms of others;b) The right of trade unions to establish national federations orconfederations and the right of the latter to form or join internationaltrade-union organizations;

1 A.2 INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

-adopted by the UN General Assembly in resolution 2200 A (XXI) of 16 December 1966 at New York-opened for signature, ratification and accession on 19 December 1966-entered into force on 3 January 1976-ratifications, etc.: 149 as per 15 July 2004


5

c) The right of trade unions to function freely subject to no limitationsother than those prescribed by law and which are necessary in ademocratic society in the interests of national security or public orderor for the protection of the rights and freedoms of others;d) The right to strike, provided that it is exercised in conformity withthe laws of the particular country.

2. This article shall not prevent the imposition of lawful restrictionson the exercise of these rights by members of the armed forces or ofthe police or of the administration of the State.

3. Nothing in this article shall authorize States Parties to theInternational Labour Organisation Convention of 1948 concerningFreedom of Association and Protection of the Right to Organize to takelegislative measures which would prejudice, or apply the law in such amanner as would prejudice, the guarantees provided for in thatConvention.

Article 9 [right to social security]The States Parties to the present Covenant recognize the right of

everyone to social security, including social insurance.

Article 10 [protection of family, mothers and children]The States Parties to the present Covenant recognize that:1. The widest possible protection and assistance should be accorded

to the family, which is the natural and fundamental group unit of society,particularly for its establishment and while it is responsible for the careand education of dependent children. Marriage must be entered intowith the free consent of the intending spouses.

2. Special protection should be accorded to mothers during areasonable period before and after childbirth. During such periodworking mothers should be accorded paid leave or leave with adequatesocial security benefits.

3. Special measures of protection and assistance should be taken onbehalf of all children and young persons without any discriminationfor reasons of parentage or other conditions. Children and young personsshould be protected from economic and social exploitation. Theiremployment in work harmful to their morals or health or dangerous tolife or likely to hamper their normal development should be punishableby law. States should also set age limits below which the paidemployment of child labour should be prohibited and punishable bylaw.

Article 11 [right to an adequate standard of living]1. The States Parties to the present Covenant recognize the right of

everyone to an adequate standard of living for himself and his family,including adequate food, clothing and housing, and to the continuousimprovement of living conditions. The States Parties will takeappropriate steps to ensure the realization of this right, recognizing tothis effect the essential importance of international co-operation basedon free consent

2. The States Parties to the present Covenant, recognizing thefundamental right of everyone to be free from hunger, shall take,individually and through international co-operation, the measures,including specific programmes, which are needed.a) To improve methods of production, conservation and distribution offood by making full use of technical and scientific knowledge, bydisseminating knowledge of the principles of nutrition and bydeveloping or reforming agrarian systems in such a way as to achievethe most efficient development and utilization of natural resources;b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world foodsupplies in relation to need.

Article 12 [right to health]1. The States Parties to the present Covenant recognize the right of

everyone to the enjoyment of the highest attainable standard of physicaland mental health.

2. The steps to be taken by the States Parties to the present covenantto achieve the full realization of this right shall include those necessaryfor:a) The provision for the reduction of the stillbirth-rate and of infantmortality and for the healthy development of the child;b) The improvement of all aspects of environmental and industrialhygiene;

c) The prevention, treatment and control of epidemic, endemic,occupational and other diseases;d) The creation of conditions which would assure to all medical serviceand medical attention in the event of sickness.

Article 13 [right to education]1. The States Parties to the present Covenant recognize the right of

everyone to education. They agree that education shall be directed tothe full development of the human personality and the sense of itsdignity, and shall strengthen the respect for human rights andfundamental freedoms. They further agree that education shall enableall persons to participate effectively in a free society, promoteunderstanding, tolerance and friendship among all nations and all racial,ethnic or religious groups, and further the activities of the United Nationsfor the maintenance of peace.

2. The States Parties to the present Covenant recognize that, with aview to achieving the full realization of this right:a) Primary education shall be compulsory and available free to all;b) Secondary education in its different forms, including technical andvocational secondary education, shall be made generally available andaccessible to all by every appropriate means, and in particular by theprogressive introduction of free education;c) Higher education shall be made equally accessible to all, on the basisof capacity, by every appropriate means, and in particular by theprogressive introduction of free education;d) Fundamental education shall be encouraged or intensified as far aspossible for those persons who have not received or completed the wholeperiod of their primary education;e) The development of a system of schools at all levels shall be activelypursued, an adequate fellowship system shall be established, and thematerial conditions of teaching staff shall be continuously improved.

3. The States Parties to the present Covenant undertake to haverespect for the liberty of parents and, when applicable, legal guardiansto choose for their children schools, other than those established by thepublic authorities, which conform to such minimum educationalstandards as may be laid down or approved by the State and to ensurethe religious and moral education of their children in conformity withtheir own convictions.

4. No part of this article shall be construed so as to interfere with theliberty of individuals and bodies to establish and direct educationalinstitutions, subject always to the observance of the principles set forthin paragraph 1 of this article and to the requirement that the educationgiven in such institutions shall conform to such minimum standards asmay be laid down by the State.

Article 14 [implementation of primary education]Each State Party to the present Covenant which, at the time of

becoming a Party, has not been able to secure in its metropolitan territoryor other territories under its jurisdiction compulsory primary education,free of charge, undertakes, within two years, to work out and adopt adetailed plan of action for the progressive implementation, within areasonable number of years, to be fixed in the plan, of the principle ofcompulsory education free of charge for all.

Article 15 [right to culture]1. The States Parties to the present Covenant recognize the right of

everyone:a) To take part in cultural life;b) To enjoy the benefits of scientific progress and its applications;c) To benefit from the protection of the moral and material interestsresulting from any scientific, literary or artistic production of which heis the author.

2. The steps to be taken by the States Parties to the present Covenantto achieve the full realization of this right shall include those necessaryfor the conservation, the development and the diffusion of science andculture.

3. The States Parties to the present Covenant undertake to respectthe freedom indispensable for scientific research and creative activity.

4. The States Parties to the present Covenant recognize the benefitsto be derived from the encouragement and development of internationalcontacts and co-operation in the scientific and cultural fields.


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PART IV [SUPERVISION]Article 16 [reporting by States Parties]

1. The States Parties to the present Covenant undertake to submit inconformity with this part of the Covenant reports on the measures whichthey have adopted and the progress made in achieving the observanceof the rights recognized herein.

2. a) All reports shall be submitted to the Secretary-General of theUnited Nations, who shall transmit copies to the Economic and SocialCouncil for consideration in accordance with the provisions of thepresent Covenant;b) The Secretary-General of the United Nations shall also transmit tothe specialized agencies copies of the reports, or any relevant partstherefrom, from States Parties to the present Covenant which are alsomembers of these specialized agencies in so far as these reports, orparts therefrom, relate to any matters which fall within theresponsibilities of the said agencies in accordance with theirconstitutional instruments.

Article 17 [reporting procedure and content]1. The States Parties to the present Covenant shall furnish their reports

in stages, in accordance with a programme to be established by theEconomic and Social Council within one year of the entry into force ofthe present Covenant after consultation with the States Parties and thespecialized agencies concerned.

2. Reports may indicate factors and difficulties affecting the degreeof fulfilment of obligations under the present Covenant.

3. Where relevant information has previously been furnished to theUnited Nations or to any specialized agency by any State Party to thepresent Covenant, it will not be necessary to reproduce that information,but a precise reference to the information so furnished will suffice.

Article 18 [role of specialized agencies]Pursuant to its responsibilities under the Charter of the United Nations

in the field of human rights and fundamental freedoms, the Economicand Social Council may make arrangements with the specializedagencies in respect of their reporting to it on the progress made inachieving the observance of the provisions of the present Covenantfalling within the scope of their activities. These reports may includeparticulars of decisions and recommendations on such implementationadopted by their competent organs.

Article 19 [submission to UNCHR]The Economic and Social Council may transmit to the Commission

on Human Rights for study and general recommendation or, asappropriate, for information the reports concerning human rightssubmitted by States in accordance with articles 16 and 17, and thoseconcerning human rights submitted by the specialized agencies inaccordance with article 18.

Article 20 [comments by States Parties]The States Parties to the present Covenant and the specialized

agencies concerned may submit comments to the Economic and SocialCouncil on any general recommendation under article 19 or referenceto such general recommendation in any report of the Commission onHuman Rights or any documentation referred to therein.

Article 21 [reports from ECOSOC to UN General Assembly]The Economic and Social Council may submit from time to time to

the General Assembly reports with recommendations of a general natureand a summary of the information received from the States Parties tothe present Covenant and the specialized agencies on the measures takenand the progress made in achieving general observance of the rightsrecognized in the present Covenant.

Article 22 [advices from ECOSOC]The Economic and Social Council may bring to the attention of other

organs of the United Nations, their subsidiary organs and specializedagencies concerned with furnishing technical assistance any mattersarising out of the reports referred to in this part of the present Covenantwhich may assist such bodies in deciding, each within its field ofcompetence, on the advisability of international measures likely tocontribute to the effective progressive implementation of the presentCovenant.

Article 23 [action for the achievement of rights]The States Parties to the present Covenant agree that international

action for the achievement of the rights recognized in the presentCovenant includes such methods as the conclusion of conventions, theadoption of recommendations, the furnishing of technical assistanceand the holding of regional meetings and technical meetings for thepurpose of consultation and study organized in conjunction with theGovernments concerned.

Article 24 [interpretation]Nothing in the present Covenant shall be interpreted as impairing

the provisions of the Charter of the United Nations and of theconstitutions of the specialized agencies which define the respectiveresponsibilities of the various organs of the United Nations and of thespecialized agencies in regard to the matters dealt with in the presentCovenant.

Article 25 [interpretation]Nothing in the present Covenant shall be interpreted as impairing

the inherent right of all peoples to enjoy and utilize fully and freelytheir natural wealth and resources.

PART V [FINAL PROVISIONS]Article 26 [signature]

[ . . . ]

Article 27 [entry into force]1. The present Covenant shall enter into force three months after the

date of the deposit with the Secretary-General of the United Nations ofthe thirty-fifth instrument of ratification or instrument of accession.

2. For each State ratifying the present Covenant or acceding to itafter the deposit of the thirty-fifth instrument of ratification or instrumentof accession, the present Covenant shall enter into force three monthsafter the date of the deposit of its own instrument of ratification orinstrument of accession.

Article 28 [federal clause]The provisions of the present Covenant shall extend to all parts of

federal States without any limitations or exceptions.

Article 29 [amendments]1. Any State Party to the present Covenant may propose an

amendment and file it with the Secretary-General of the United Nations.The Secretary-General shall thereupon communicate any proposedamendments to the States Parties to the present Covenant with a requestthat they notify him whether they favour a conference of States Partiesfor the purpose of considering and voting upon the proposals. In theevent that at least one third of the States Parties favours such aconference, the Secretary-General shall convene the conference underthe auspices of the United Nations. Any amendment adopted by amajority of the States Parties present and voting at the conference shallbe submitted to the General Assembly of the United Nations forapproval.

2. Amendments shall come into force when they have been approvedby the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant inaccordance with their respective constitutional processes.

3. When amendments come into force they shall be binding on thoseStates Parties which have accepted them, other States Parties still beingbound by the provisions of the present Covenant and any earlieramendment which they have accepted.

Article 30 [depository][ . . . ]

Article 31 [languages]1. The present Covenant, of which the Chinese, English, French,

Russian and Spanish texts are equally authentic, shall be deposited inthe archives of the United Nations.

2. The Secretary-General of the United Nations shall transmitcertified copies of the present Covenant to all States referred to in article26.


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1 A.3 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

-adopted by the UN General Assembly in resolution 2200 A (XXI) of 16 December 1966 at New York-opened for signature, ratification and accession on 19 December 1966-entered into force on 23 March 1976-ratified by all EU Member States. Ratified by all 10 States acceding to the EU-ratifications, etc.: 152 as per 15 July 2004.

PREAMBLEThe 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 dignityand of the equal and inalienable rights of all members of the humanfamily is the foundation of freedom, justice and peace in the world.

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

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

Considering the obligation of States under the Charter of the UnitedNations to promote universal respect for, and observance of, humanrights and freedoms,

Realizing that the individual, having duties to other individuals andto the community to which he belongs, is under a responsibility to strivefor the promotion and observance of the rights recognized in the presentCovenant,

Agree upon the following articles:

PART I [SELF-DETERMINATION]Article 1 [right to self-determination]

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

2. All peoples may, for their own ends, freely dispose of their naturalwealth and resources without prejudice to any obligations arising outof international economic co-operation, based upon the principle ofmutual benefit, and international law. In no case may a people bedeprived of its own means of subsistence.

3. The States Parties to the present Covenant, including those havingresponsibility for the administration of Non-Self-Governing and TrustTerritories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with theprovisions of the Charter of the United Nations.

PART II [GENERAL PROVISIONS]Article 2 [prohibition of discrimination, right to an effective

remedy]1. Each State Party to the present Covenant undertakes to respect

and to ensure to all individuals within its territory and subject to itsjurisdiction the rights recognized in the present Covenant, withoutdistinction of any kind, such as race, colour, sex, language, religion,political or other opinion, national or social origin, property, birth orother status.

2. Where not already provided for by existing legislative or othermeasures, each State Party to the present Covenant undertakes to takethe necessary steps, in accordance with its constitutional processes andwith the provisions of the present Covenant, to adopt such legislativeor other measures as may be necessary to give effect to the rightsrecognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:a) To ensure that any person whose rights or freedoms as hereinrecognized are violated shall have an effective remedy, notwithstandingthat the violation has been committed by persons acting in an officialcapacity;b) To ensure that any person claiming such a remedy shall have hisright thereto determined by competent judicial, administrative or

legislative authorities, or by any other competent authority providedfor by the legal system of the State, and to develop the possibilities ofjudicial remedy;c) To ensure that the competent authorities shall enforce such remedieswhen granted.

Article 3 [equal rights of women and men]The States Parties to the present Covenant undertake to ensure the

equal right of men and women to the enjoyment of all civil and politicalrights set forth in the present Covenant.

Article 4 [state of emergency]1. In time of public emergency which threatens the life of the nation

and the existence of which is officially proclaimed, the States Partiesto the present Covenant may take measures derogating from theirobligations under the present Covenant to the extent strictly requiredby the exigencies of the situation, provided that such measures are notinconsistent with their other obligations under international law and donot involve discrimination solely on the ground of race, colour, sex,language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15,16 and 18 may be made under this provision.

3. Any State party to the present Covenant availing itself of the rightof derogation shall immediately inform the other States Parties to thepresent Covenant, through the intermediary of the Secretary-Generalof the United Nations, of the provisions from which it has derogatedand of the reasons by which it was actuated. A further communicationshall be made, through the same intermediary, on the date on which itterminates such derogation.

Article 5 [no abuse of rights, derogations]1. Nothing in the present Covenant may be interpreted as implying

for any State, group or person any right to engage in any activity orperform any act aimed at the destruction of any of the rights andfreedoms recognized herein or at their limitation to a greater extentthan is provided for in the present Covenant.

2. There shall be no restriction upon or derogation from any of thefundamental human rights recognized or existing in any State Party tothe present Covenant pursuant to law, conventions, regulations orcustom on the pretext that the present Covenant does not recognizesuch rights or that it recognizes them to a lesser extent.

PART III [STANDARDS]Article 6 [right to life]

1. Every human being has the inherent right to life. This right shallbe protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentenceof death may be imposed only for the most serious crimes in accordancewith the law in force at the time of the commission of the crime and notcontrary to the provisions of the present Covenant and to the Conventionon the Prevention and Punishment of the Crime of Genocide. Thispenalty can only be carried out pursuant to a final judgement renderedby a competent court.

3. When deprivation of life constitutes the crime of genocide, it isunderstood that nothing in this article shall authorize any State Party tothe present Covenant to derogate in any way from any obligationassumed under the provisions of the Convention on the Prevention andPunishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon orcommutation of the sentence. Amnesty, pardon or commutation of thesentence of death may be granted in all cases.


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5. Sentence of death shall not be imposed for crimes committed bypersons below eighteen years of age and shall not be carried out onpregnant women.

6. Nothing in this article shall be invoked to delay or to prevent theabolition of capital punishment by any State Party to the presentCovenant.

Article 7 [prohibition of torture]No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment. In particular, no one shall be subjected withouthis free consent to medical or scientific experimentation.

Article 8 [prohibition of slavery and forced labour]1. No one shall be held in slavery; slavery and the slave-trade in all

their forms shall be prohibited.2. No one shall be held in servitude.3. (a) No one shall be required to perform forced or compulsory

labour;b) Paragraph 3 (a) shall not be held to preclude, in countries whereimprisonment with hard labour may be imposed as a punishment for acrime, the performance of hard labour in pursuance of a sentence tosuch punishment by a competent court;c) For the purpose of this paragraph the term “forced or compulsorylabour” shall not include:i) Any work or service, not referred to in subparagraph (b), normally

required of a person who is under detention in consequence of alawful order of a court, or of a person during conditional releasefrom such detention;

ii) Any service of a military character and, in countries whereconscientious objection is recognized, any national servicerequired by law of conscientious objectors

iii) Any service exacted in cases of emergency or calamity threateningthe life or well-being of the community;

iv) Any work or service which forms part of normal civil obligations.

Article 9 [right to liberty and security]1. Everyone has the right to liberty and security of person. No one

shall be subjected to arbitrary arrest or detention. No one shall bedeprived of his liberty except on such grounds and in accordance withsuch procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, ofthe reasons for his arrest and shall be promptly informed of any chargesagainst him.

3. Anyone arrested or detained on a criminal charge shall be broughtpromptly before a judge or other officer authorized by law to exercisejudicial power and shall be entitled to trial within a reasonable time orto release. It shall not be the general rule that persons awaiting trialshall be detained in custody, but release may be subject to guaranteesto appear for trial, at any other stage of the judicial proceedings, and,should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shallbe entitled to take proceedings before a court, in order that that courtmay decide without delay on the lawfulness of his detention and orderhis release if the detention is not lawful.

5. Anyone who has been victim of unlawful arrest or detention shallhave an enforceable right to compensation.

Article 10 [right to humane treatment when deprived of liberty]1. All persons deprived of their liberty shall be treated with humanity

and with respect for the inherent dignity of the human person.2. a) Accused persons shall, save in exceptional circumstances, be

segregated from convicted persons and shall be subject to separatetreatment appropriate to their status as unconvicted persons;b) Accused juvenile persons shall be separated from adults and broughtas speedily as possible for adjudication.

3. The penitentiary system shall comprise treatment of prisoners theessential aim of which shall be their reformation and socialrehabilitation. Juvenile offenders shall be segregated from adults andbe accorded treatment appropriate to their age and legal status.

Article 11 [no imprisonment for debt]No one shall be imprisoned merely on the ground of inability to

fulfil a contractual obligation.

Article 12 [freedom of movement, exit and re-entry)1. Everyone lawfully within the territory of a State shall, within that

territory, have the right to liberty of movement and freedom to choosehis residence.

2. Everyone shall be free to leave any country, including his own.3. The above-mentioned rights shall not be subject to any restrictions

except those which are provided by law, are necessary to protect nationalsecurity, public order (ordre public), public health or morals or therights and freedoms of others, and are consistent with the other rightsrecognized in the present Covenant.

4. No one shall be arbitrarily deprived of the right to enter his owncountry.

Article 13 [rights of aliens]An alien lawfully in the territory of a State Party to the present

Covenant may be expelled therefrom only in pursuance of a decisionreached in accordance with law and shall, except where compellingreasons of national security otherwise require, be allowed to submitthe reasons against his expulsion and to have his case reviewed by, andbe represented for the purpose before, the competent authority or aperson or persons especially designated by the competent authority.

Article 14 [right to a fair trial]1. All persons shall be equal before the courts and tribunals. In the

determination of any criminal charge against him, or of his rights andobligations in a suit at law, everyone shall be entitled to a fair andpublic hearing by a competent, independent and impartial tribunalestablished by law. The press and the public may be excluded from allor part of a trial for reasons of morals, public order (ordre public) ornational security in a democratic society, or when the interest of theprivate lives of the parties so requires, or to the extent strictly necessaryin the opinion of the court in special circumstances where publicitywould prejudice the interests of Justice; but any judgement rendered ina criminal case or in a suit at law shall be made public except where theinterest of juvenile persons otherwise requires or the proceedingsconcern matrimonial disputes of the guardianship of children.

2. Everyone charged with a criminal offence shall have the right tobe presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyoneshall be entitled to the following minimum guarantees, in full equality:a) To be informed promptly and in detail in a language which heunderstands of the nature and cause of the charge against him;b) To have adequate time and facilities for the preparation of his defenceand to communicate with counsel of his own choosing;c) To be tried without undue delay;d) To be tried in his presence, and to defend himself in person or throughlegal assistance of his own choosing; to be informed, if he does nothave legal assistance, of this right: and to have legal assistance assignedto him, in any case where the interests of justice so require, and withoutpayment by him in any such case if he does not have sufficient meansto pay for it:e) To examine, or have examined, the witnesses against him and toobtain the attendance and examination of witnesses on his behalf underthe same conditions as witnesses against him:f) To have the free assistance of an interpreter if he cannot understandor speak the language used in court;g) Not to be compelled to testify against himself or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as willtake account of their age and the desirability of promoting theirrehabilitation.

5. Everyone convicted of a crime shall have the right to his convictionand sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminaloffence and when subsequently his conviction has been reversed or hehas been pardoned on the ground that a new or newly discovered factshows conclusively that there has been a miscarriageof justice, the person who has suffered punishment as a result of suchconviction shall be compensated according to law, unless it is provedthat the non-disclosure of the unknown fact in time is wholly or partlyattributable to him.

7. No one shall be liable to be tried or punished again for an offencefor which he has already been finally convicted or acquitted inaccordance with the law and penal procedure of each country.


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Article 15 [prohibition of retroactive penal laws]1. No one shall be held guilty of any criminal offence on account of

any act or omission which did not constitute a criminal offence, undernational or international law, at the time when it was committed. Norshall a heavier penalty be imposed than the one that was applicable atthe time when the criminal offence was committed. If, subsequent tothe commission of the offence, provision is made by law for theimposition of the lighter penalty, the offender shall benefit thereby.

2. Nothing in this article shall prejudice the trial and punishment ofany person for any act or omission which, at the time when it wascommitted, was criminal according to the general principles of lawrecognized by the community of nations.

Article 16 [recognition as person before the law]Everyone shall have the right to recognition everywhere as a person

before the law.

Article 17 [privacy]1. No one shall be subjected to arbitrary or unlawful interference

with his privacy, family, home or correspondence, nor to unlawfulattacks on his honour and reputation.

2. Everyone has the right to the protection of the law against suchinterference or attacks.

Article 18 [freedom of thought, conscience and religion]1. Everyone shall have the right to freedom of thought, conscience

and religion. This right shall include freedom to have or to adopt areligion or belief of his choice, and freedom, either individually or incommunity with others and in public or private, to manifest his religionor belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion which would impair hisfreedom to have or to adopt a religion or belief of his choice.

3. Freedom to manifest one’s religion or beliefs may be subject onlyto such limitations as are prescribed by law and are necessary to protectpublic safety, order, health, or morals or the fundamental rights andfreedoms of others.

4. The States Parties to the present Covenant undertake to haverespect for the liberty of parents and, when applicable, legal guardiansto ensure the religious and moral education of their children inconformity with their own convictions.

Article 19 [freedom of opinion and expression]1. Everyone shall have the right to hold opinions without interference.2. Everyone shall have the right to freedom of expression; this right

shall include freedom to seek, receive and impart information and ideasof all kinds, regardless of frontiers, either orally, in writing or in print,in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this articlecarries with it special duties and responsibilities. It may therefore besubject to certain restrictions, but these shall only be such as are providedby law and are necessary:a) For respect of the rights or reputations of others;b) For the protection of national security or of public order (ordrepublic), or of public health or morals.

Article 20 [prohibition of hate propaganda]1. Any propaganda for war shall be prohibited by law.2. Any advocacy of national, racial or religious hatred that constitutes

incitement to discrimination, hostility or violence shall be prohibitedby law.

Article 21 [freedom of assembly]The right of peaceful assembly shall be recognized. No restrictions

may be placed on the exercise of this right other than those imposed inconformity with the law and which are necessary in a democratic societyin the interests of national security or public safety, public order (ordrepublic), the protection of public health or morals or the protection ofthe rights and freedoms of others.

Article 22 [freedom of association]1. Everyone shall have the right to freedom of association with others,

including the right to form and join trade unions for the protection ofhis interests.

2. No restrictions may be placed on the exercise of this right otherthan those which are prescribed by law and which are necessary in ademocratic society in the interests of national security or public safety,public order (ordre public), the protection of public health or morals orthe protection of the rights and freedoms of others. This article shallnot prevent the imposition of lawful restrictions on members of thearmed forces and of the police in their exercise of this right.

3. Nothing in this article shall authorize States Parties to theInternational Labour Organisation Convention of 1943 concerningFreedom of Association and Protection of the Right to Organize to takelegislative measures which would prejudice, or to apply the law in sucha manner as to prejudice the guarantees provided for in that Convention.

Article 23 [protection of the family]1. The family is the natural and fundamental group unit of society

and is entitled to protection by society and the State.2. The right of men and women of marriageable age to marry and to

found a family shall be recognized.3. No marriage shall be entered into without the free and full consent

of the intending spouses.4. States Parties to the present Covenant shall take appropriate steps

to ensure equality of rights and responsibilities of spouses as to marriage,during marriage and at its dissolution. In the case of dissolution,provision shall be made for the necessary protection of any children,

Article 24 [rights of children]1. Every child shall have, without any discrimination as to race,

colour, sex, language, religion, national or social origin, property orbirth, the right to such measures of-protection as are required by hisstatus as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shallhave a name.

3. Every child has the right to acquire a nationality.

Article 25 [participation in government]Every citizen shall have the right and the opportunity, without any

of the distinctions mentioned in article 2 and without unreasonablerestrictions:a) To take part in the conduct of public affairs, directly or through freelychosen representatives;b) To vote and to be elected at genuine periodic elections which shallbe by universal and equal suffrage and shall be held by secret ballot,guaranteeing the free expression of the will of the electors;c) To have access, on general terms of equality, to public service in hiscountry.

Article 26 [equality before law, non-discrimination]All persons are equal before the law and are entitled without any

discrimination to the equal protection of the law. In this respect, thelaw shall prohibit any discrimination and guarantee to all persons equaland effective protection against discrimination on any ground such asrace, colour, sex, language, religion, political or other opinion, nationalor social origin, property, birth or other status.

Article 27 [rights of minorities]In those States in which ethnic, religious or linguistic minorities

exist, persons belonging to such minorities shall not be denied the right,in community with the other members of their group, to enjoy theirown culture, to profess and practise their own religion, or to use theirown language.


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PART IV [SUPERVISION]

Article 28 [Human Rights Committee]1. There shall be established a Human Rights Committee (hereafter

referred to in the present Covenant as the Committee). It shall consistof eighteen members and shall carry out the functions hereinafterprovided.

2. The Committee shall be composed of nationals of the States Partiesto the present Covenant who shall be persons of high moral characterand recognized competence in the field of human rights, considerationbeing given to the usefulness of the participation of some persons havinglegal experience.

3. The members of the Committee shall be elected and shall serve intheir personal capacity.

Article 29 [election of Committee members]1. The members of the Committee shall be elected by secret ballot

from a list of persons possessing the qualifications prescribed in article28 and nominated for the purpose by the States Parties to the presentCovenant.

2. Each State Party to the present Covenant may nominate not morethan two persons. These persons shall be nationals of the nominatingState.

3. A person shall be eligible for renomination.

Article 30 [election procedure]1. The initial election shall be held no later than six months after the

date of the entry into force of the present Covenant.2. At least four months before the date of each election to the

Committee, other than an election to fill a vacancy declared inaccordance with article 34, the Secretary-General of the United Nationsshall address a written invitation to the States Parties to the presentCovenant to submit their nominations for membership of the Committeewithin three months.

3. The Secretary-General of the United Nations shall prepare a listin alphabetical order of all the persons thus nominated, with anindication of the States Parties which have nominated them, and shallsubmit it to the States Parties to the present Covenant no later than onemonth before the date of each election.

4. Elections of the members of the Committee shall be held at ameeting of the States Parties to the present Covenant convened by theSecretary-General of the United Nations at the Headquarters of theUnited Nations. At that meeting, for which two thirds of the StatesParties to the present Covenant shall constitute a quorum, the personselected to the Committee shall be those nominees who obtain the largestnumber of votes and an absolute majority of the votes of therepresentatives of States Parties present and voting,

Article 31 [election conditions]1. The Committee may not include more than one national of the

same State.2. In the election of the Committee, consideration shall be given to

equitable geographical distribution of membership and to therepresentation of the different forms of civilization and of the principallegal systems.

Article 32 [terms of office]1. The members of the Committee shall be elected for a term of four

years. They shall be eligible for re-election if renominated. However,the terms of nine of the members elected at the first election shall expireat the end of two years; immediately after the first election, the namesof these nine members shall be chosen by lot by the Chairman of themeeting referred to in article 30, paragraph 4.

2. Elections at the expiry of office shall be held in accordance withthe preceding articles of this part of the present Covenant.

Article 33 [vacancies]1. If, in the unanimous opinion of the other members, a member of

the Committee has ceased to carry out his functions for any cause otherthan absence of a temporary character, the Chairman of the Committeeshall notify the Secretary-General of the United Nations, who shallthen declare the seat of that member to be vacant.

2. In the event of the death or the resignation of a member of theCommittee, the Chairman shall immediately notify the Secretary-

General of the United Nations, who shall declare the seat vacant fromthe date of death or the date on which the resignation takes effect.

Article 34 [filling a vacancy]1. When a vacancy is declared in accordance with article 33 and if

the term of office of the member to be replaced does not expire withinsix months of the declaration of the vacancy, the Secretary-General ofthe United Nations shall notify each of the States Parties to the presentCovenant, which may within two month: submit nominations inaccordance with article 29 for the purpose of filling the vacancy.

2. The Secretary-General of the United Nations shall prepare a listin alphabetical order of the persons thus nominated and shall submit itto the States Parties to the present Covenant, the election to fill thevacancy shall then take place in accordance with the relevant provisionsof this part of the present Covenant

3. A member of the Committee elected to fill a vacancy declared inaccordance with article 33 shall hold office for the remainder of theterm of the member who vacated the seat on the Committee under theprovisions of that article.

Article 35 [emoluments]The members of the Committee shall, with the approval of the

General Assembly of the United Nations, receive emoluments fromUnited Nations resources on such terms and conditions as the GeneralAssembly may decide, having regard to the importance of theCommittee’s responsibilities.

Article 36 [staff]The Secretary-General of the United Nations shall provide the

necessary staff and facilities for the effective performance of thefunctions of the Committee under the present Covenant.

Article 37 [meetings]1. The Secretary-General of the United Nations shall convene the

initial meeting of the Committee at the Headquarters of the UnitedNations.

2. After its initial meeting, the Committee shall meet at such timesas shall be provided in its rules of procedure.

3. The Committee shall normally meet at the Headquarters of theUnited Nations or at the United Nations Office at Geneva.

Article 38 [Declaration by Committee members]Every member of the Committee shall, before taking up his duties,

make a solemn declaration in open committee that he will perform hisfunctions impartially and conscientiously.

Article 39 [procedures]1. The Committee shall elect its officers for a term of two years.

They may be re-elected,2. The Committee shall establish its own rules of procedure, but

these rules shall provide, inter alia, thata) Twelve members shall constitute a quorum;b) Decisions of the Committee shall be made by a majority vote of themembers present

Article 40 [reporting to the Human Rights Committee]1. The States Parties to the present Covenant undertake to submit

reports on the measures they have adopted which give effect to therights recognized herein and on the progress made in the enjoyment ofthose rights:a) Within one year of the entry into force of the present Covenant forthe States Parties concerned;b) Thereafter whenever the Committee so requests.

2. All reports shall be submitted to the Secretary-General of theUnited Nations, who shall transmit them to the Committee forconsideration. Reports shall indicate the factors and difficulties, if any,affecting the implementation of the present Covenant.

3. The Secretary-General of the United Nations may, afterconsultation with the Committee, transmit to the Specialized Agenciesconcerned copies of such parts of the reports as may fill within theirfield of competence.

4. The Committee shall study the reports submitted by the StatesParties to the present Covenant It shall transmit its reports, and such


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general comments as it may consider appropriate, to the States Parties.The Committee may also transmit to the Economic and Social Councilthese comments along with the comments of the reports it has receivedfrom States Parties to the present Covenant.

5. The States Parties to the present Covenant may submit to theCommittee observations on any comments that may be made inaccordance with paragraph 4 of this article.

Article 41 [state complaints]1. A State Party to the present Covenant may at any time declare

under this article that it recognizes the competence of the Committeeto receive and consider communications to the effect that a State Partyclaims that another State Party is not fulfilling its obligations under thepresent Covenant. Communications under this article may be receivedand considered only if submitted by a State Party which has made adeclaration recognizing in regard to itself the competence of theCommittee. No communication shall be received by the Committee ifit concerns a State Party which has not made such a declaration.Communications received under this article shall be dealt with inaccordance with the following procedure:a) If a State Party to the present Covenant considers that another StateParty is not giving effect to the provisions of the present Covenant, itmay, by written communication, bring the matter to the attention ofthat State Party. Within three months alter the receipt of thecommunication the receiving State shall afford the State which sentthe communication an explanation, or any other statement in writingclarifying the matter which should include, to the extent possible andpertinent, reference to domestic procedures and remedies taken,pending, or available in the matter;b) If the matter is not adjusted to the satisfaction of both States Partiesconcerned within six months after the receipt by the receiving State ofthe initial communication, either State shall have the right to refer thematter to the Committee, by notice given to the Committee and to theother State.c) The Committee shall deal with a matter referred to it only after ithas ascertained that all available domestic remedies have been invokedand exhausted in the matter, in conformity with the generally recognizedprinciples of international law. This shall not be the rule where theapplication of the remedies is unreasonably prolonged.d) The Committee shall hold closed meetings when examiningcommunications under this article.e) Subject to the provisions of sub-paragraph (c), the Committee shallmake available its gods offices to the States Parties concerned with aview to a friendly solution of the matter on the basis of respect forhuman rights and fundamental freedoms as recognized in the presentCovenant.f) In any matter referred to it, the Committee may call upon the StatesParties concerned, referred to in sub-paragraph (b), to supply anyrelevant information.g) The States Parties concerned, referred to in sub-paragraph (b), shallhave the right to be represented when the matter is being considered inthe Committee and to make submissions orally and/or in writingh) The Committee shall, within twelve months after the date of receiptof notice under sub-paragraph (b), submit a report:i) If a solution within the terms of sub-paragraph (e) is reached, the

Committee shall confine its report to a brief statement of the factsand of the solution reached;

ii)If a solution within the terms of sub-paragraph (e) is not reached,the Committee shall confine its report to a brief statement of thefacts; the written submissions and record of the oral submissionsmade by the States Parties concerned shall be attached to the report.

In every matter, the report shall be communicated to the States Partiesconcerned.

2. The provisions of this article shall come into force when ten StatesParties to the present Covenant have made declarations under paragraph1 of this article. Such declarations shall be deposited by the States Partieswith the Secretary-General of the United Nations, who shall transmitcopies thereof to the other States Parties. A declaration may bewithdrawn at any time by notification to the Secretary-General. Such awithdrawal shall not prejudice the consideration of any matter whichis the subject of a communication already transmitted under this article;no further communication by any State Party shall be received afterthe notification of withdrawal of the declaration has been received by

the Secretary-General, unless the State Party concerned has made anew declaration.

Article 42 [Conciliation Commission]1. a) If a matter referred to the Committee in accordance with article

41 is not resolved to the satisfaction of the States Parties concerned,the Committee may, with the prior consent of the States Partiesconcerned, appoint an ad hoc Conciliation Commission (hereinafterreferred to as the Commission). The good offices of the Commissionshall be made available to the States Parties concerned with a view toan amicable solution of the matter on the basis of respect for the presentCovenant.b) The Commission shall consist of five persons acceptable to the StatesParties concerned. If the States Parties concerned fail to reach agreementwithin three months on all or part of the composition of the Commission,the members of the Commission concerning whom no agreement hasbeen reached shall be elected by secret ballot by a two-thirds majorityvote of the Committee from among its members.

2. The members of the Commission shall serve in their personalcapacity. They shall not be nationals of the States Parties concerned, orof a State not party to the present Covenant, or of a State Party whichhas not made a declaration under article 41.

3. The Commission shall elect its own Chairman and adopt its ownrules of procedure.

4. The meetings of the Commission shall normally be held at theHeadquarters of the United Nations or at the United Nations Office atGeneva However, they may be held at such other convenient places asthe Commission may determine in consultation with the Secretary-General of the United Nations and the States Parties concerned.

5. The secretariat provided in accordance with article 36 shall alsoservice the commissions appointed under this article.

6. The information received and collated by the Committee shall bemade available to the Commission and the Commission may call uponthe States Parties concerned to supply any other relevant information.

7. When the Commission has fully considered the matter, but in anyevent not Later than twelve months after having been seized of thematter, it shall submit to the Chairman of the Committee a report forcommunication to the States Parties concerned:a) If the Commission is unable to complete its consideration of thematter within twelve months, it shall confine its report to a briefstatement of the status of its consideration of the matter;b) If an amicable solution to the matter on the basis of respect for humanrights as recognized in the present Covenant is reached, the Commissionshall confine its report to a brief statement of the facts and of the solutionreached;c) If a solution within the terms of sub-paragraph (b) is not reached,the Commission’s report shall embody its findings on all questions offact relevant to the issues between the States Parties concerned, and itsviews on the possibilities of an amicable solution of the matter. Thisreport shall also contain the written submissions and a record of theoral submissions made by the States Parties concerned;d) If the Commission’s report is submitted under sub-paragraph (c),the States Parties concerned shall, within three months of the receipt ofthe report, notify the Chairman of the Committee whether or not theyaccept the contents of the report of the Commission.

8. The provisions of this article are without prejudice to theresponsibilities of the Committee under article 41.

9. The States Parties concerned shall share equally all the expensesof the members of the Commission in accordance with estimates to beprovided by the Secretary-General of the United Nations.

10. The Secretary-General of the United Nations shall be empoweredto pay the expenses of the members of the Commission, if necessary,before reimbursement by the States Parties concerned, in accordancewith paragraph 9 of this article.

Article 43 [facilities of Conciliation Commission]The members of the Committee, and of the ad hoc conciliation

commissions which may be appointed under article 42, shall be entitledto the facilities, privileges and immunities of experts on mission forthe United Nations as laid down in the relevant sections of theConvention on the Privileges and Immunities of the United Nations.


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Article 44 [concurrence of procedures]The provisions for the implementation of the present Covenant shall

apply without prejudice to the procedures prescribed in the field ofhuman rights by or under the constituent instruments and theconventions of the United Nations and of the specialized agencies andshall not prevent the States Parties to the present Covenant from havingrecourse to other procedures for settling a dispute in accordance withgeneral or special international agreements in force between them.

Article 45 [reporting by Human Rights Committee]The Committee shall submit to the General Assembly of the United

Nations, through the Economic and Social Council, an annual reporton its activities.

PART V [INTERPRETATION]Article 46 [interpretation]

Nothing in the present Covenant shall be interpreted as impairingthe provisions of the Charter of the United Nations and of theconstitutions of the specialized agencies which define the respectiveresponsibilities of the various organs of the United Nations and of thespecialized agencies in regard to the matters dealt with in the presentCovenant.

Article 47 [natural wealth and resources]Nothing in the present Covenant shall be interpreted as impairing

the inherent right of all peoples to enjoy and utilize fully and freelytheir natural wealth and resources.

PART VI [FINAL PROVISIONS]Article 48 [signatures, etc.]

1. The present Covenant is open for signature by any State Memberof the United Nations or member of any of its specialized agencies, byany State Party to the Statute of the International Court of Justice, andby any other State which has been invited by the General Assembly ofthe United Nations to become a party to the present Covenant.

2. The present Covenant is subject to ratification. Instruments ofratification shall be deposited with the Secretary-General of the UnitedNations.

3. The present Covenant shall be open to accession by any Statereferred to in paragraph 1 of this article.

4. Accession shall be effected by the deposit of an instrument ofaccession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall inform all Stateswhich have signed this Covenant or Ceded to it of the deposit of eachinstrument of ratification or accession.

Article 49 [entry into force]1. The present Covenant shall enter into force three months alter the

date of the deposit with the Secretary-General of the United Nations ofthe thirty-fifth instrument of ratification or instrument of accession.

2. For each State ratifying the present Covenant or acceding to italter the deposit of the thirty-fifth instrument of ratification or instrumentof accession, the present Covenant shall enter into force three monthsafter the date of the deposit of its own instrument of ratification orinstrument of accession.

Article 50 [federal clause]The provisions of the present Covenant shall extend to all parts of


Article 51 [amendments]1. Any State Party to the present Covenant may propose an

amendment and file it with the Secretary-General of the United Nations.The Secretary-General of the United Nations shall thereuponcommunicate any proposed amendments to the States Parties to thepresent Covenant with a request that they notify him whether they favoura conference of States Parties for the purpose of considering and votingupon the proposal In the event that at least one third of the States Partiesfavours such a conference, the Secretary-General shall convene theconference under the auspices of the United Nations. Any amendmentadopted by a majority of the States Parties present and voting at theconference shall be submitted to the General Assembly of the UnitedNations for approval.

2. Amendments shall come into force when they have been approvedby the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant inaccordance with their respective constitutional processes.

3. When amendments come into force, they shall be binding on thoseStates Parties which have accepted them, other States Parties still beingbound by the provisions of the present Covenant and any earlieramendment which they have accepted.

Article 52 [depositary]Irrespective of the notifications made under article 48, paragraph 5,

the secretary-General of the United Nations shall inform all Statesreferred to in paragraph 1 of the same article of the following particulars:a) Signatures, ratifications and accessions under article 48;b) The date of the entry into force of the present Covenant under article49 and the date of the entry into force of any amendments under article51.

Article 53 [languages]1. The present Covenant, of which the Chinese, English, French,


2. The Secretary-General of the United Nations shall transmitcertified copies of the present Covenant to all States referred to in article48.


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1 A.3.1 OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICALRIGHTS

-adopted by the UN General Assembly in resolution 2200 A(XXI) of 16 December 1966 at New York-opened for signature ratification and accession on 19 December 1966-entered into force on 23 March 1976-ratifications, etc.: 104 per 15 July 2004

The States Parties to the present Protocol,Considering that in order further to achieve the purposes of the

Covenant on Civil and Political Rights (hereinafter referred to as theCovenant) and the implementation of its provisions it would beappropriate to enable the Human Rights Committee set up in part IV ofthe Covenant (hereinafter referred to as the Committee) to receive andconsider, as provided in the present Protocol, communications fromindividuals claiming to be victims of violations of any of the rights setforth in the Covenant.

Have agreed as follows:

Article 1 [individual communications]A State Party to the Covenant that becomes a party to the present

Protocol recognizes the competence of the Committee to receive andconsider communications from individuals subject to its jurisdictionwho claim to be victims of a violation by that State Party of any of therights set forth in the Covenant. No communication shall be receivedby the Committee if it concerns a State Party to the Covenant which isnot a party to the present Protocol.

Article 2 [exhaustion of domestic remedies]Subject to the provisions of article 1, individuals who claim that any

of their rights enumerated in the Covenant have been violated and whohave exhausted all available domestic remedies may submit a writtencommunication to the Committee for consideration.

Article 3 [admissibility]The Committee shall consider inadmissible any communication

under the present Protocol which is anonymous, or which it considersto be an abuse of the right of submission of such communications or tobe incompatible with the provisions of the Covenant.

Article 4 [involvement State Party]1. Subject to the provisions of article 3, the Committee shall bring

any communications submitted to it under the present Protocol to theattention of the State Party to the present Protocol alleged to be violatingany provision of the Covenant

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

Article 5 [examination and opinion]1. The Committee shall consider communications received under

the present Protocol in the light of all written information made availableto it by the individual and by the State Party concerned.

2. The Committee shall not consider any communication from anindividual unless it has ascertained thata) The same matter is not being examined under another procedure ofinternational investigation or settlement;b) The individual has exhausted all available domestic remedies. Thisshall not be the rule where the application of the remedies isunreasonably prolonged.

3. The Committee shall hold closed meetings when examiningcommunications under the present Protocol.

4. The Committee shall forward its views to the State Party concernedand to the individual.

Article 6 [inclusion in annual report]The Committee shall include in its annual report under article 45 of

the Covenant a summary of its activities under the present Protocol.

Article 7 [non-independent peoples]Pending the achievement of the objectives of resolution 1514 (XV)

adopted by the General Assembly of the United Nations on 14 December1960 concerning the Declaration on the Granting of Independence toColonial Countries and Peoples, the provisions of the present Protocolshall in no way limit the right of petition granted to these peoples bythe Charter of the United Nations and other international conventionsand instruments under the United Nations and its specialized agencies.

Article 8 [signature, etc.]1. The present Protocol is open for signature by any State which has

signed the Covenant.2. The present Protocol is subject to ratification by any State which

has ratified or acceded to the Covenant. Instruments of ratification shallbe deposited with the Secretary-General of the United Nations.

3. The present Protocol shall be open to accession by any State whichhas ratified or acceded to the Covenant


5. The Secretary-General of the United Nations shall inform all Stateswhich have signed the present Protocol or acceded to it of the depositof each instrument of ratification or accession.

Article 9 [entry into force][ . . . ]

Article 10 [federal clause]The provisions of the present Protocol shall extend to all parts of


Article 11 [amendment]1. Any State Party to the present Protocol may propose an amendment

and file it with the Secretary-General of the United Nations. TheSecretary-General shall thereupon communicate any proposedamendments to the States Parties to the present Protocol with a requestthat they notify him whether they favour a conference of States Partiesfor the purpose of considering and voting upon the proposal. In theevent that at least one third of the States Parties favours such aconference, the Secretary-General shall convene the conference underthe auspices of the United Nations. Any amendment adopted by amajority of the States Parties present and voting a the conference shallbe submitted to the General Assembly of the United Nations forapproval.

2. Amendments shall come into force when they have been approvedby the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Protocol in accordancewith their respective constitutional processes.

3. When amendments come into force, they shall be binding on thoseStates Parties which have accepted them, other States Parties still beingbound by the provisions of the present Protocol and any earlieramendment which they have accepted.

Article 12 [denunciation][ . . . ]


Article 14 [language][ . . .]

1 A.3.1 OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

14

1 A.3.2 SECOND OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL ANDPOLITICAL RIGHTS, AIMING AT THE ABOLITION OF THE DEATH PENALTY

-adopted by the UN General Assembly in resolution 44/128 of 15 December 1989 at New York-opened for signature, ratification and accession on 15 December 1989-entered into force on 11 July 1991-ratifications, etc.: 53 as per 15 July 2004

The States Parties to the present Protocol,Believing that abolition of the death penalty contributes to

enhancement of human dignity and progressive development of humanrights,

Recalling article 3 of the Universal Declaration of Human Rightsadopted on 10 December 1948 and article 6 of the InternationalCovenant on Civil and Political Rights adopted on 16 December 1966.

Noting that article 6 of the International Covenant on Civil andPolitical Rights refers to abolition of the death penalty in terms thatstrongly suggest that abolition is desirable.

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

Desirous to undertake hereby an international commitment to abolishthe death penalty,


Article 1 [prohibition of execution]1. No one within the jurisdiction of a State Party to the present Protocol

shall be executed.2. Each State Party shall take all necessary measures to abolish the

death penalty within its jurisdiction.

Article 2 [reservations]1. No reservation is admissible to the present Protocol, except for a

reservation made at the time of ratification or accession that providesfor the application of the death penalty in time of war pursuant to aconviction for a most serious crime of a military nature committedduring wartime.

2. The State Party making such a reservation shall at the time ofratification or accession communicate to the Secretary-General of theUnited Nations the relevant provisions of its national legislationapplicable during wartime.

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

Article 3 [reporting to Human Rights Committee]The States Parties to the present Protocol shall include in the reports

they submit to the Human Rights Committee, in accordance with article40 of the Covenant, information on the measures that they have adoptedto give effect to the present Protocol.

Article 4 [state complaints]With respect to the States Parties to the Covenant that have made a

declaration under article 41, the competence of the Human RightsCommittee to receive and consider communications when a State Partyclaims that another State Party is not fulfilling its obligations shallextend to the provisions of the present Protocol, unless the State Partyconcerned has made a statement to the contrary at the moment ofratification or accession.

Article 5 [individual complaints]With respect to the States Parties to the first Optional Protocol to the

International Covenant on Civil and Political Rights adopted on 16December 1966. the competence of the Human Rights Committee toreceive and consider communications from individuals subject to itsjurisdiction shall extend to the provisions of the present Protocol, unlessthe State Party concerned has made a statement to the contrary at themoment of ratification or accession.

Article 6 [derogation]1. The provisions of the present Protocol shall apply as additional

provisions to the Covenant.2. Without prejudice to the possibility of a reservation under article 2

of the present Protocol, the right guaranteed in article l, paragraph ofthe present Protocol shall not be subject to any derogation under article4 of the Covenant.

Article 7 [signature, etc.]1. The present Protocol is open for signature by any State that has

signed the Covenant.2. The present Protocol is subject to ratification by any State that has

ratified the Covenant or acceded to it. Instruments of ratification shallbe deposited with the Secretary-General of the United Nations.

3. The present Protocol shall be open to accession by any State thathas ratified the Covenant or acceded to it.


5. The Secretary-General of the United Nations shall inform all Statesthat have signed the present Protocol or acceded to it of the deposit ofeach instrument of ratification or accession.

Article 8 [entry into force]1. The present Protocol shall enter into force three months after the

date of the deposit with the Secretary-General of the United Nations ofthe tenth instrument of ratification or accession.

2. For each State ratifying the present Protocol or acceding to it afterthe deposit of the tenth instrument of ratification or accession, thepresent Protocol shall enter into force three months after the date of thedeposit of its own instrument of ratification or accession.



Article 10 [ratifications, reservations, etc]The Secretary-General of the United Nations shall inform all States

referred to in Article 48, paragraph 1, of the Covenant of the followingparticulars:a) reservations, communications and notifications under Article 2 ofthe present Protocol;b) statements made under Articles 4 or 5 of the present Protocol;c) signatures, ratifications and accessions under Article 7 of the presentProtocol;d) the date of the entry into force of the present Protocol underArticle 8 thereof.

Article 11 [final provisions; language]1. The present Protocol, of which the Arabic, Chinese, English, French,


2. The Secretary-General of the United Nations shall transmit certifiedcopies of the present Protocol to all States referred to in article 48 ofthe Covenant.

1 A.3.2 SECOND OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS,AIMING AT THE ABOLITION OF THE DEATH PENALTY

15

1 B.1 CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE

-adopted by UN General Assembly in resolution 260 A (III) of 9 December 1948-opened for signature, ratification and accession on 15 December 1949-entered into force on 12 January 1951, in accordance with article 13-ratifications, etc.: 135 as per 15 July 2004

The Contracting Parties,Having considered the declaration made by the General Assembly

of the United Nations in its resolution 96 (I) dated 11 December 1946that genocide is a crime under international law, contrary to the spiritand aims of the United Nations and condemned by the civilized world,

Recognizing that at all periods of history genocide has inflicted greatlosses on humanity, and

Being convinced that, in order to liberate mankind from such anodious scourge, international co-operation is required,Hereby agree as hereinafter provided:

Article 1 [crime under international law]The Contracting Parties confirm that genocide, whether committed

in time of peace or in time of war, is a crime under international lawwhich they undertake to prevent and to punish.

Article 2 [definition of genocide]In the present Convention, genocide means any of the following

acts committed with intent to destroy, in whole or in part, a national,ethnical, racial or religious group, as such:a) Killing members of the group;b) Causing serious bodily or mental harm to members of the group;c) Deliberately inflicting on the group conditions of life calculated tobring about its physical destruction in whole or in part;d) Imposing measures intended to prevent births within the group;e) Forcibly transferring children of the group to another group.

Article 3 [punishable acts]The following acts shall be punishable:

a) Genocide;b) Conspiracy to commit genocide;c) Direct and public incitement to commit genocide;d) Attempt to commit genocide;e) Complicity in genocide.

Article 4 [punishment of perpetrators]Persons committing genocide or any of the other acts enumerated in

article 3 shall be punished, whether they are constitutionally responsiblerulers, public officials or private individuals.

Article 5 [legislation against genocide]The Contracting Parties undertake to enact, in accordance with their

respective Constitutions, the necessary legislation to give effect to theprovisions of the present Convention, and, in particular, to provideeffective penalties for persons guilty of genocide or any of the otheracts enumerated in article 3.

Article 6 [competent tribunal]Persons charged with genocide or any of the other acts enumerated

in article 3 shall be tried by a competent tribunal of the State in theterritory of which the act was committed, or by such international penaltribunal as may have jurisdiction with respect to those ContractingParties which shall have accepted its jurisdiction.

Article 7 [extradition]Genocide and the other acts enumerated in article 3 shall not be

considered as political crimes for the purpose of extradition.The Contracting Parties pledge themselves in such cases to grant

extradition in accordance with their laws and treaties in force.

Article 8 [prevention and suppression]Any Contracting Party may call upon the competent organs of the

United Nations to take such action under the Charter of the UnitedNations as they consider appropriate for the prevention and suppressionof acts of genocide or any of the other acts enumerated in article 3.

Article 9 [disputes relating to interpretation]Disputes between the Contracting Parties relating to the interpreta-

tion, application or fulfilment of the present Convention, including thoserelating to the responsibility of a State for genocide or for any of theother acts enumerated in article 3, shall be submitted to the Interna-tional Court of Justice at the request of any of the parties to the dispute.

Article 10 [languages]The present Convention, of which the Chinese, English, French,

Russian and Spanish texts are equally authentic, shall bear the date of9 December 1948.

Article 11 [signature, etc]The present Convention shall be open until 3l December 1949 for

signature on behalf of any Member of the United Nations and of anynon-member state to which an invitation to sign has been addressed bythe General Assembly.

The present Convention shall be ratified, and the instruments ofratification shall be deposited with the Secretary-General of the UnitedNations.

After 1 January 1950, the present Convention may be acceded to onbehalf of any Member of the United Nations and of any non-memberState which has received an invitation as aforesaid.

Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 12 [territorial application]Any Contracting Party may at any time, by notification addressed to

the Secretary-General of the United Nations, extend the application ofthe present Convention to all or any of the territories for the conduct ofwhose foreign relations that Contracting Party is responsible.

Article 13 [entry into force]On the day when the first twenty instruments of ratification or

accession have been deposited, the Secretary-General shall draw up aprocËs verbal and transmit a copy thereof to each Member of the UnitedNations and to each of the non-member States contemplated in article11.

The present Convention shall come into force on the ninetieth dayfollowing the date of deposit of the twentieth instruments of ratificationor accession.

Any ratification or accession effected, subsequent to the latter dateshall become effective on the ninetieth day following the deposit of theinstrument of ratification or accession.

Article 14 [denunciation]The present Convention shall remain in effect for a period of ten

years as from the date of its coming into force.It shall thereafter remain in force for successive periods of five years

for such Contracting Parties as have not denounced it at least six monthsbefore the expiration of the current period.

Denunciation shall be effected by a written notification addressedto the Secretary-General of the United Nations.

Article 15-19 [final provisions] [ . . .]

1 B.1 CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE

16

The States Parties to this Convention,Considering that the Charter of the United Nations is based on the

principles of the dignity and equality inherent in all human beings, andthat all Member States have pledged themselves to take joint andseparate action, in co-operation with the Organization, for theachievement of one of the purposes of the United Nations which is topromote and encourage universal respect for and observance of humanrights and fundamental freedoms for all, without distinction as to race,sex, language or religion,

Considering that the Universal Declaration of Human Rightsproclaims that all human beings are born free and equal in dignity andrights and that everyone is entitled to all the rights and freedoms setout therein, without distinction of any kind, in particular as to race,colour or national origin,

Considering that all human beings are equal before the law and areentitled to equal protection of the law against any discrimination andagainst any incitement to discrimination,

Considering that the United Nations has condemned colonialism andall practices of segregation and discrimination associated therewith, inwhatever form and wherever they exist, and that the Declaration on theGranting of Independence to Colonial Countries and Peoples of 14December 1960 (General Assembly resolution 1514 (XV)) has affirmedand solemnly proclaimed the necessity of bringing them to a speedyand unconditional end,

Considering that the United Nations Declaration on the Eliminationof All Forms of Racial Discrimination of 20 November 1963 (GeneralAssembly resolution 1904 (XVIII)) solemnly affirms the necessity ofspeedily eliminating racial discrimination throughout the world in allits forms and manifestations and of securing understanding of andrespect for the dignity of the human person,

Convinced that any doctrine of superiority based on racialdifferentiation is scientifically false, morally condemnable, sociallyunjust and dangerous, and that there is no justification for racialdiscrimination, in theory or in practice, anywhere,

Reaffirming that discrimination between human beings on thegrounds of race, colour or ethnic origin is an obstacle to friendly andpeaceful relations among nations and is capable of disturbing peaceand security among peoples and the harmony of persons living side byside even within one and the same State,

Convinced that the existence of racial barriers is repugnant to theideals of any human society,

Alarmed by manifestations of racial discrimination still in evidencein some areas of the world and by governmental policies based on racialsuperiority or hatred, such as policies of apartheid, segregation orseparation,

Resolved to adopt all necessary measures for speedily eliminatingracial discrimination in all its forms and manifestations, and to preventand combat racist doctrines and practices in order to promoteunderstanding between races and to build an international communityfree from all forms of racial segregation and racial discrimination,

Bearing in mind the Convention concerning Discrimination in respectof Employment and Occupation adopted by the International LabourOrganisation in 1958, and the Convention against Discrimination inEducation adopted by the United Nations Educational, Scientific andCultural Organization in 1960,

Desiring to implement the principles embodied in the United NationsDeclaration on the Elimination of All Forms of Racial Discriminationand to secure the earliest adoption of practical measures to that end,Have agreed as follows:

I B.2 INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIALDISCRIMINATION

-adopted by the UN General Assembly in resolution 2106 A (xx) of 21 December 1965 at New York-opened for signature ratification and accession on 7 March 1966-entered into force on 4 January 1969-ratifications, etc.: 169 per 15 July 2004

I B.2 INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION

PART I [STANDARDS]Article 1 [Definition]

1. In this Convention, the term “racial discrimination” shall meanany distinction, exclusion, restriction or preference based on race,colour, descent, or national or ethnic origin which has the purpose oreffect of nullifying or impairing the recognition, enjoyment or exercise,on an equal footing, of human rights and fundamental freedoms in thepolitical, economic, social, cultural or any other field of public life.

2. This Convention shall not apply to distinctions, exclusions,restrictions or preferences made by a State Party to this Conventionbetween citizens and non-citizens.

3. Nothing in this Convention may be interpreted as affecting in anyway the legal provisions of States Parties concerning nationality,citizenship or naturalization, provided that such provisions do notdiscriminate against any particular nationality.

4. Special measures taken for the sole purpose of securing adequateadvancement of certain racial or ethnic groups or individuals requiringsuch protection as may be necessary in order to ensure such groups orindividuals equal enjoyment or exercise of human rights andfundamental freedoms shall not be deemed racial discrimination,provided, however, that such measures do not, as a consequence, leadto the maintenance of separate rights for different racial groups andthat they shall not be continued after the objectives for which theywere taken have been achieved.

Article 2 [State Party obligations]1. States Parties condemn racial discrimination and undertake to

pursue by all appropriate means and without delay a policy ofeliminating racial discrimination in all its forms and promotingunderstanding among all races, and, to this end:a) Each State Party undertakes to engage in no act or practice of racialdiscrimination against persons, groups of persons or institutions and toensure that all public authorities and public institutions, national andlocal, shall act in conformity with this obligation;b) Each State Party undertakes not to sponsor, defend or support racialdiscrimination by any persons or organizations;c) Each State Party shall take effective measures to reviewgovernmental, national and local policies, and to amend, rescind ornullify any laws and regulations which have the effect of creating orperpetuating racial discrimination wherever it exists;d) Each State Party shall prohibit and bring to an end, by all appropriatemeans, including legislation as required by circumstances, racialdiscrimination by any persons, group or organization;e) Each State Party undertakes to encourage, where appropriate,integrationist multiracial organizations and movements and other meansof eliminating barriers between races, and to discourage anything whichtends to strengthen racial division.

2. States Parties shall, when the circumstances so warrant, take, inthe social, economic, cultural and other fields, special and concretemeasures to ensure the adequate development and protection of certainracial groups or individuals belonging to them, for the purpose ofguaranteeing them the full and equal enjoyment of human rights andfundamental freedoms. These measures shall in no case entail as aconsequence the maintenance of unequal or separate rights for differentracial groups after the objectives for which they were taken have beenachieved.

Article 3 [racial segregation and apartheid]States Parties particularly condemn racial segregation and apartheid

and undertake to prevent, prohibit and eradicate all practices of thisnature in territories under their jurisdiction.

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Article 4 [prohibition of propaganda for racial discrimination]States Parties condemn all propaganda and all organizations which

are based on ideas or theories of superiority of one race or group ofpersons of one colour or ethnic origin, or which attempt to justify orpromote racial hatred and discrimination in any form, and undertake toadopt immediate and positive measures designed to eradicate allincitement to, or acts of, such discrimination and, to this end, with dueregard to the principles embodied in the Universal Declaration of HumanRights and the rights expressly set forth in article 5 of this Convention,inter alia :a) Shall declare an offence punishable by law all dissemination ofideas based on racial superiority or hatred, incitement to racialdiscrimination, as well as all acts of violence or incitement to such actsagainst any race or group of persons of another colour or ethnic origin,and also the provision of any assistance to racist activities, includingthe financing thereof;b) Shall declare illegal and prohibit organizations, and also organizedand all other propaganda activities, which promote and incite racialdiscrimination, and shall recognize participation in such organizationsor activities as an offence punishable by law;c) Shall not permit public authorities or public institutions, national orlocal, to promote or incite racial discrimination.

Article 5 [non-discrimination in specific rights]In compliance with the fundamental obligations laid down in article

2 of this Convention, States Parties undertake to prohibit and to eliminateracial discrimination in all its forms and to guarantee the right ofeveryone, without distinction as to race, colour, or national or ethnicorigin, to equality before the law, notably in the enjoyment of thefollowing rights:a) The right to equal treatment before the tribunals and all other organsadministering justice;b) The right to security of person and protection by the State againstviolence or bodily harm, whether inflicted by government officials orby any individual group or institution:c) Political rights, in particular the rights to participate in elections - tovote and to stand for election - on the basis of universal and equalsuffrage, to take part in the Government as well as in the conduct ofpublic affairs at any level and to have equal access to public service;d) Other civil rights, in particular:i) The right to freedom of movement and residence within the border

of the State;ii) The right to leave any country, including one’s own, and to return

to one’s country;iii) The right to nationality;iv) The right to marriage and choice of spouse;v) The right to own property alone as well as in association with

others:vi) The right to inherit;vii) The right to freedom of thought, conscience and religion;viii) The right to freedom of opinion and expression;ix) The right to freedom of peaceful assembly and association;e) Economic, social and cultural rights, in particular:i) The rights to work, to free choice of employment, to just and

favourable conditions of work, to protection against unemploy-ment, to equal pay for equal work, to Just and favourable remu-neration;

ii) The right to form and join trade unions;iii) The right to housing;iv) The right to public health, medical care, social security and social

services;v) The right to education and training;vi) The right to equal participation in cultural activities;f) The right of access to any place or service intended for use by thegeneral public, such as transport, hotels, restaurants, cafÈs, theatresand parks.

Article 6 [protection and remedies]States Parties shall assure to everyone within their jurisdiction

effective protection and remedies, through the competent nationaltribunals and other State institutions, against any acts of racialdiscrimination which violate his human rights and fundamentalfreedoms contrary to this Convention, as well as the right to seek from

such tribunals just and adequate reparation or satisfaction for anydamage suffered as a result of such discrimination.

Article 7 [remedial measures]States Parties undertake to adopt immediate and effective measures,

particularly in the fields of teaching, education, culture and information,with a view to combatting prejudices which lead to racial discriminationand to promoting understanding, tolerance and friendship among nationsand racial or ethnical groups, as well as to propagating the purposesand principles of the Charter of the United Nations, the UniversalDeclaration of Human Rights, the United Nations Declaration on theElimination of All Forms of Racial Discrimination, and this Convention.

PART II [SUPERVISION]Article 8 [CERD-Committee]

1. There shall be established a Committee on the Elimination ofRacial Discrimination (hereinafter referred to as the Committee)consisting of eighteen experts of high moral standing and acknowledgedimpartiality elected by States Parties from among their nationals, whoshall serve in their personal capacity, consideration being given toequitable geographical distribution and to the representation of thedifferent forms of civilization as well as of the principal legal systems.

2. The members of the Committee shall be elected by secret ballotfrom a list of persons nominated by the States Parties. Each State Partymay nominate one person from among its own nationals.

3. The initial election shall be held six months after the date of theentry into force of this Convention. At least three months before thedate of each election the Secretary-General of the United Nations shalladdress a letter to the States Parties inviting them to submit theirnominations within two months. The Secretary-General shall prepare alist in alphabetical order of all persons thus nominated, indicating theStates Parties which have nominated them, and shall submit it to theStates Parties.

4. Elections of the members of the Committee shall be held at ameeting of States Parties convened by the Secretary-General at UnitedNations Headquarters. At that meeting, for which two thirds of the StatesParties shall constitute a quorum, the persons elected to the Committeeshall be nominees who obtain the largest number of votes and anabsolute majority of the votes of the representatives of States Partiespresent and voting,

5. (a) The members of the Committee shall be elected for a term offour years. However, the terms of nine of the members elected at thefirst election shall expire at the end of two years; immediately alter thefirst election the names of these nine members shall be chosen by lotby the Chairman of the Committee.

(b) For the filling of casual vacancies, the State Party whose experthas ceased to function as a member of the Committee shall appointanother expert from among its nationals, subject to the approval of theCommittee.

6. States Parties shall be responsible for the expenses of the membersof the Committee while they are in performance of Committee duties.

Article 9 [reporting to UN Secretary General]1. States Parties undertake to submit to the Secretary-General of the

United Nations, for consideration by the Committee, a report on thelegislative, judicial, administrative or other measures which they haveadopted and which give effect to the provisions of this Convention: (a)within one year after the entry into force of the Convention for theState concerned; and (b) thereafter every two years and whenever theCommittee so requests. The Committee may request further informationfrom the States Parties.

2. The Committee shall report annually, through the Secretary-General, to the General Assembly of the United Nations on its activitiesand may make suggestions and general recommendations based on theexamination of the reports and information received from the StatesParties. Such suggestions and general recommendations shall bereported to the General Assembly together with comments, if any, fromStates Parties.


18

Article 10 [procedures]1. The Committee shall adopt its own rules of procedure.2. The Committee shall elect its officers for a two-year term.3. The secretariat of the Committee shall be provided by the

Secretary-General of the United Nations.4. The meetings of the Committee shall normally be held at United

Nations Headquarters.

Article 11 [State complaints]1. If a State Party considers that another State Party is not giving

effect to the provisions of this Convention, it may bring the matter tothe attention of the Committee. The Committee shall then transmit thecommunication to the State Party concerned. Within three months, thereceiving State shall submit to the Committee written explanations orstatements clarifying the matter and the remedy, if any, that may havebeen taken by that State.

2. If the matter is not adjusted to the satisfaction of both parties,either by bilateral negotiations or by any other procedure open to them,within six months after the receipt by the receiving State of the initialcommunication, either State shall have the right to refer the matter againto the Committee by notifying the Committee and also the other State.

3. The Committee shall deal with a matter referred to it in accordancewith paragraph 2 of this article alter it has ascertained that all availabledomestic remedies have been invoked and exhausted in the case, inconformity with the generally recognized principles of internationallaw. This shall not be the rule where the application of the remedies isunreasonably prolonged.

4. In any matter referred to it, the Committee may call upon theStates Parties concerned to supply any other relevant information.

5. When any matter arising out of this article is being considered bythe Committee, the States Parties concerned shall be entitled to send arepresentative to take part in the proceedings of the Committee, withoutvoting rights, while the matter is under consideration.

Article 12 [Conciliation Commission]1. a) After the Committee has obtained and collated all the

information it deems necessary, the Chairman shall appoint an ad hocConciliation Commission (hereinafter referred to as the Commission)comprising five persons who may or may not be members of theCommittee. The members of the Commission shall be appointed withthe unanimous consent of the parties to the dispute, and its good officesshall be made available to the States concerned with a view to anamicable solution of the matter on the basis of respect for thisConvention.b) If the States parties to the dispute fail to reach agreement withinthree months on all or part of the composition of the Commission, themembers of the Commission not agreed upon by the States parties tothe dispute shall be elected by secret ballot by a two-thirds majorityvote of the Committee from among its own members.

2. The members of the Commission shall serve in their personalcapacity. They shall not be nationals of the States parties to the disputeor of a State not Party to this Convention.

3. The Commission shall elect its own Chairman and adopt its ownrules of procedure.

4. The meetings of the Commission shall normally be held at UnitedNations Headquarters or at any other convenient place as determinedby the Commission.

5. The secretariat provided in accordance with article 10, paragraph3, of this Convention shall also service the Commission whenever adispute among States Parties brings the Commission into being,

6. The States parties to the dispute shall share equally all the expensesof the members of the Commission in accordance with estimates to beprovided by the Secretary-General of the United Nations.

7. The Secretary-General shall be empowered to pay the expensesof the members of the Commission, if necessary, before reimbursementby the States parties to the dispute in accordance with paragraph 6 ofthis article.

8. The information obtained and collated by the Committee shall bemade available to the Commission, and the Commission may call uponthe States concerned to supply any other relevant information.

Article 13 [report of Conciliation Commission]1. When the Commission has fully considered the matter, it shall

prepare and submit to the Chairman of the Committee a reportembodying its findings on all questions of fact relevant to the issuebetween the parties and containing such recommendations as it maythink proper for the amicable solution of the dispute.

2. The Chairman of the Committee shall communicate the report ofthe Commission to each of the States parties to the dispute. These Statesshall, within three months, inform the Chairman of the Committeewhether or not they accept the recommendations contained in the reportof the Commission.

3. After the period provided for in paragraph 2 of this article, theChairman of the Committee shall communicate the report of theCommission and the declarations of the States Parties concerned to theother States Parties to this Convention.

Article 14 [individual complaints]1. A State Party may at any time declare that it recognizes the

competence of the Committee to receive and consider communicationsfrom individuals or groups of individuals within its jurisdiction claimingto be victims of a violation by that State Party of any of the rights setforth in this Convention. No communication shall be received by theCommittee if it concerns a State Party which has not made such adeclaration.

2. Any State Party which makes a declaration as provided for inparagraph 1 of this article may establish or indicate a body within itsnational legal order which shall be competent to receive and considerpetitions from individuals and groups of individuals within itsjurisdiction who claim to be victims of a violation of any of the rightsset forth in this Convention and who have exhausted other availablelocal remedies.

3. A declaration made in accordance with paragraph 1 of this articleand the name of any body established or indicated in accordance withparagraph 2 of this article shall be deposited by the State Party concernedwith the Secretary-General of the United Nations, who shall transmitcopies thereof to the other States Parties. A declaration may bewithdrawn at any time by notification to the Secretary-General, butsuch a withdrawal shall not affect communications pending before theCommittee.

4. A register of petitions shall be kept by the body established orindicated in accordance with paragraph 2 of this article, and certifiedcopies of the register shall be filed annually through appropriatechannels with the Secretary-General on the understanding that thecontents shall not be publicly disclosed.

5. In the event of failure to obtain satisfaction from the bodyestablished or indicated in accordance with paragraph 2 of this article,the petitioner shall have the right to communicate the matter to theCommittee within six months.

6. a) The Committee shall confidentially bring any communicationreferred to it to the attention of the State Party alleged to be violatingany provision of this Convention, but the identity of the individual orgroups of individuals concerned shall not be revealed without his ortheir express consent. The Committee shall not receive anonymouscommunications.b) Within three months, the receiving State shall submit to theCommittee written explanations or statements clarifying the matter andthe remedy, if any, that may have been taken by that State.

7. a) The Committee shall consider communications in thelight of all information made available to it by the State Party concernedand by the petitioner. The Committee shall not consider anycommunication from a petitioner unless it has ascertained that thepetitioner has exhausted all available domestic remedies. However, thisshall not be the rule where the application of the remedies isunreasonably prolonged.b) The Committee shall forward its suggestions and recommendations,if any, to the State Party concerned and to the petitioner.

8. The Committee shall include in its annual report a summary ofsuch communications and, where appropriate, a summary of theexplanations and statements of the States Parties concerned and of itsown suggestions and recommendations.

9. The Committee shall be competent to exercise the functionsprovided for in this article only when at least ten States Parties to thisConvention are bound by declarations in accordance with paragraph 1of this article.


19

Article 15 [Trust and Non-Self-Governing Territories]1. Pending the achievement of the objectives of the Declaration on

the Granting of Independence to Colonial Countries and Peoples,contained in General Assembly resolution 1514 (XV) of 14 December1960, the provisions of this Convention shall in no way limit the rightof petition granted to these peoples by other international instrumentsor by the United Nations and its specialized agencies.

2. a) The Committee established under article 8, paragraph 1, of thisConvention shall receive copies of the petitions from, and submitexpressions of opinion and recommendations on these petitions to, thebodies of the United Nations which deal with matters directly relatedto the principles and objectives of this Convention in their considerationof petitions from the inhabitants of Trust and Non-Self-GoverningTerritories and all other territories to which General Assembly resolution1514 (XV) applies, relating to matters covered by this Convention whichare before these bodies.b) The Committee shall receive from the competent bodies of the UnitedNations copies of the reports concerning the legislative, judicial,administrative or other measures directly related to the principles andobjectives of this Convention applied by the administering Powerswithin the Territories mentioned in subparagraph (a) of this paragraph,and shall express opinions and make recommendations to these bodies.

3. The Committee shall include in its report to the General Assemblya summary of the petitions and reports it has received from UnitedNations bodies, and the expressions of opinion and recommendationsof the Committee relating to the said petitions and reports.

4. The Committee shall request from the Secretary-General of theUnited Nations all information relevant to the objectives of thisConvention and available to him regarding the Territories mentionedin paragraph 2 (a) of this article.

Article 16 [concurrence of procedures]The provisions of this Convention concerning the settlement of

disputes or complaints shall be applied without prejudice to otherprocedures for settling disputes or complaints in the field ofdiscrimination laid down in the constituent instruments of, orconventions adopted by, the United Nations and its specialized agencies,and shall not prevent the States Parties from having recourse to otherprocedures for settling a dispute in accordance with general or specialinternational agreements in force between them.

PART III [PROCEDURAL PROVISIONS]Article 17 [signatures, ratifications]

1. This Convention is open for signature by any State Member ofthe United Nations or member of any of its specialized agencies, byany State Party to the Statute of the International Court of Justice, andby any other State which has been invited by the General Assembly ofthe United Nations to become a Party to this Convention.

2. This Convention is subject to ratification. Instruments ofratification shall be deposited with the Secretary-General of the UnitedNations.

Article 18 [accession]1. This Convention shall be open to accession by any State referred

to in article 17, paragraph I, of the Convention.2. Accession shall be effected by the deposit of an instrument of

accession with the Secretary-General of the United Nations.

Article 19 [entry into force]1. This Convention shall enter into force on the thirtieth day after

the date of the deposit with the Secretary-General of the United Nationsof the twenty-seventh instrument of ratification or instrument ofaccession.

2. For each state ratifying this Convention or acceding to it after thedeposit of the twenty-seventh instrument of ratification or instrumentof accession, the Convention shall enter into force on the thirtieth dayafter the date of the deposit of its own instrument of ratification orinstrument of accession.

Article 20 [reservations]1. The Secretary-General of the United Nations shall receive and

circulate to all States which are or may become Parties to thisConvention reservations made by States at the time of ratification oraccession. Any State which objects to the reservation shall, within aperiod of ninety days from the date of the said communication, notifythe Secretary-General that it does not accept it.

2. A reservation incompatible with the object and purpose of thisConvention shall not be permitted, nor shall a reservation the effect ofwhich would inhibit the operation of any of the bodies established bythis Convention be allowed. A reservation shall be consideredincompatible or inhibitive if at least two thirds of the States Parties tothis Convention object to it.

3. Reservations may be withdrawn at any time by notification to thiseffect addressed to the Secretary-General. Such notification shall takeeffect on the date on which it is received.

Article 21 [denunciation]A State Party may denounce this Convention by written notification

to the Secretary-General of the United Nations. Denunciation shall takeeffect one year after the date of receipt of the notification by theSecretary-General.

Article 22 [disputes]Any dispute between two or more States Parties with respect to the

interpretation or application of this Convention, which is not settled bynegotiation or by the procedures expressly provided for in thisConvention, shall, at the request of any of the parties to the dispute, bereferred to the International Court of Justice for decision, unless thedisputants agree to another mode of settlement.

Article 23 [revisions]1. A request for the revision of this Convention may be made at any

time by any State Party by means of a notification in writing addressedto the Secretary-General of the United Nations.

2. The General Assembly of the United Nations shall decide uponthe steps, if any, to be taken in respect of such a request

Article 24 [information by UN-Secretary General]The Secretary-General of the United Nations shall inform all States

referred to in article 17, paragraph 1, of this Convention of the followingparticulars:a) Signatures, ratifications and accessions under articles 17 and 18;b) The date of entry into force of this Convention under article 19;c) Communications and declarations received under articles 14, 20and 23;d) Denunciations under article 21.

Article 25 [final provisions]1. This Convention, of which the Chinese, English, French, Russian

and Spanish texts are equally authentic, shall be deposited in the archivesof the United Nations.

2. The Secretary-General of the United Nations shall transmitcertified copies of this Convention to all States belonging to any of thecategories mentioned in article 17, paragraph 1, of the Convention.


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1 B.3 CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

-adopted by the UN General Assembly in resolution 34/180 of December 1979 at New York-opened for signature, ratification and accession on 18 December 1979-entered into force on 3 September 1981-ratifications, etc.: 177 as per 15 July 2004

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 personand in the equal rights of men and women,

Noting that the Universal Declaration of Human Rights affirms theprinciple of the inadmissibility of discrimination and proclaims that allhuman beings are born free and equal in dignity and rights and thateveryone 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 onHuman Rights have the obligation to ensure the equal right of men andwomen to enjoy all economic, social, cultural, civil and political rights,

Considering the international conventions concluded under theauspices of the United Nations and the specialized agencies promotingequality of rights of men and women,

Noting also the resolutions, declarations and recommendationsadopted by the United Nations and the specialized agencies promotingequality of rights of men and women,

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

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

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

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

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

Affirming that the strengthening of international peace and security,the relaxation of international tension, mutual co-operation among allStates irrespective of their social and economic systems, general andcomplete disarmament, in particular nuclear disarmament under strictand effective international control, the affirmation of the principles ofjustice, equality and mutual benefit in relations among countries andthe realization of the right of peoples under alien and colonialdomination and foreign occupation to self-determination andindependence, as well as respect for national sovereignty and territorialintegrity, will promote social progress and development and as aconsequence will contribute to the attainment of full equality betweenmen and women,

Convinced that the full and complete development of a country, thewelfare of the world and the cause of peace require the maximumparticipation of women on equal terms with men in all fields,

Bearing in mind the great contribution of women to the welfare ofthe family and to the development of society, so far not fully recognized,the social significance of maternity and the role of both parents in thefamily and in the upbringing of children, and aware that the role ofwomen in procreation should not be a basis for discrimination but thatthe upbringing of children requires a sharing of responsibility betweenmen and women and society as a whole,

Aware that a change in the traditional role of men as well as the roleof women in society and in the family is needed to achieve full equalitybetween men and women,

Determined to implement the principles set forth in the Declarationon the Elimination of Discrimination against Women and, for thatpurpose, to adopt the measures required for the elimination of suchdiscrimination in all its forms and manifestations,

Have agreed on the following:

PART I [GENERAL STANDARDS]Article 1 [definition]

For the purposes of the present Convention, the term “discriminationagainst women” shall mean any distinction, exclusion or restrictionmade on the basis of sex which has the effect or purpose of impairingor nullifying the recognition, enjoyment or exercise by women,irrespective of their marital status, on a basis of equality of men andwomen, of human rights and fundamental freedoms in the political,economic, social, cultural, civil or any other field.

Article 2 [scope]States Parties condemn discrimination against women in all its forms,

agree to pursue by all appropriate means and without delay a policy ofeliminating discrimination against women and, to this end, undertake:a) To embody the principle of the equality of men and women in theirnational constitutions or other appropriate legislation if not yetincorporated therein and to ensure, through law and other appropriatemeans, the practical realization of this principle;b) To adopt appropriate legislative and other measures, includingsanctions where appropriate, prohibiting all discrimination againstwomen;c) To establish legal protection of the rights of women on an equalbasis with men and to ensure through competent national tribunals andother public institutions the effective protection of women against anyact of discrimination;d) To refrain from engaging in any act or practice of discriminationagainst women and to ensure that public authorities and institutionsshall act in conformity with this obligation;e) To take all appropriate measures to eliminate discrimination againstwomen by any person, organization or enterprise;f) To take all appropriate measures, including legislation, to modify orabolish existing laws, regulations, customs and practices whichconstitute discrimination against women;g) To repeal al l national penal provisions which consti tutediscrimination against women.

Article 3 [human rights and fundamental freedoms]States Parties shall take in all fields, in particular in the political,

social, economic and cultural fields, all appropriate measures, includinglegislation, to ensure the full development and advancement of women,for the purpose of guaranteeing them the exercise and enjoyment ofhuman rights and fundamental freedoms on a basis of equality withmen.

Article 4 [affirmative action]1. Adoption by States Parties of temporary special measures aimed

at accelerating de facto equality between men and women shall not beconsidered discrimination as defined in the present Convention, butshall in no way entail as a consequence the maintenance of unequal orseparate standards; these measures shall be discontinued when theobjectives of equality of opportunity and treatment have been achieved.

2. Adoption by States Parties of special measures, including thosemeasures contained in the present Convention, aimed at protectingmaternity shall not be considered discriminatory.


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Article 5 [structural changes]States Parties shall take all appropriate measures:

a) To modify the social and cultural patterns of conduct of men andwomen, with a view to achieving the elimination of prejudices andcustomary and all other practices which are based on the idea of theinferiority or the superiority of either of the sexes or on stereotypedroles for men and women;b) To ensure that family education includes a proper understanding ofmaternity as a social function and the recognition of the commonresponsibility of men and women in the upbringing and developmentof their children, it being understood that the interest of the children isthe primordial consideration in all cases.

Article 6 [exploitation of and traffic in women]States Parties shall take all appropriate measures, including

legislation, to suppress all forms of traffic in women and exploitationof prostitution of women.

PART II [SPECIFIC STANDARDS]Article 7 [participation in political and public life]

States Parties shall take all appropriate measures to eliminatediscrimination against women in the political and public life of thecountry and, in particular, shall ensure to women, on equal terms withmen, the right:a) To vote in all elections and public referenda and to be eligible forelection to all publicly elected bodies;b) To participate in the formulation of government policy and theimplementation thereof and to hold public office and perform all publicfunctions at all levels of government;c) To participate in non-governmental organizations and associationsconcerned with the public and political life of the country.

Article 8 [international participation]States Parties shall take all appropriate measures to ensure to women,

on equal terms with men and without any discrimination, the opportunityto represent their Governments at the international level and toparticipate in the work of international organizations.

Article 9 [equal rights to nationality]1. States Parties shall grant women equal rights with men to acquire,

change or retain their nationality. They shall ensure in particular thatneither marriage to an alien nor change of nationality by the husbandduring marriage shall automatically change the nationality of the wife,render her stateless or force upon her the nationality of the husband.

2. States Parties shall grant women equal rights with men with respectto the nationality of their children.

PART III [SOCIAL AND ECONOMIC RIGHTS]Article 10 [equal rights to education]

States Parties shall take all appropriate measures to eliminatediscrimination against women in order to ensure to them equal rightswith men in the field of education and in particular to ensure, on abasis of equality of men and women:a) The same conditions for career and vocational guidance, for accessto studies and for the achievement of diplomas in educationalestablishments of all categories in rural as well as in urban areas; thisequality shall be ensured in pre-school, general, technical, professionaland higher technical education, as well as in all types of vocationaltraining;b) Access to the same curricula, the same examinations, teaching staffwith qualifications of the same standard and school premises andequipment of the same quality;c) The elimination of any stereotyped concept of the roles of men andwomen at all levels and in all forms of education by encouragingcoeducation and other types of education which will help to achievethis aim and, in particular, by the revision of textbooks and schoolprogrammes and the adaptation of teaching methods;d) The same opportunities to benefit from scholarships and other studygrants;e) The same opportunities for access to programmes of continuingeducation, including adult and functional literacy programmes,

particularly those aimed at reducing, at the earliest possible time, anygap in education existing between men and women;f) The reduction of female student drop-out rates and the organizationof programmes for girls and women who have left school prematurely;g) The same opportunities to participate actively in sports and physicaleducation;h) Access to specific educational information to help to ensure the healthand well-being of families, including information and advice on familyplanning.

Article 11 [social rights]1. States Parties shall take all appropriate measures to eliminate

discrimination against women in the field of employment in order toensure, on a basis of equality of men and women, the same rights, inparticular:a) The right to work as an inalienable right of all human beings;b) The right to the same employment opportunities, including theapplication of the same criteria for selection in matters of employment;c) The right to free choice of profession and employment, the right topromotion, job security and all benefits and conditions of service andthe right to receive vocational training and retraining, includingapprenticeships, advanced vocational training and recurrent training;d) The right to equal remuneration, including benefits, and to equaltreatment in respect of work of equal value, as well as equality oftreatment in the evaluation of the quality of work;e) The right to social security, particularly in cases of retirement,unemployment, sickness, invalidity and old age and other incapacityto work, as well as the right to paid leave;f) The right to protection of health and to safety in working conditions,including the safeguarding of the function of reproduction.

2. In order to prevent discrimination against women on the groundsof marriage or maternity and to ensure their effective right to work,States Parties shall take appropriate measures:a) To prohibit, subject to the imposition of sanctions, dismissal on thegrounds of pregnancy or of maternity leave and discrimination indismissals on the basis of marital status;b) To introduce maternity leave with pay or with comparable socialbenefits without loss of former employment, seniority or socialallowances;c) To encourage the provision of the necessary supporting socialservices to enable parents to combine family obligations with workresponsibilities and participation in public life, in particular throughpromoting the establishment and development of a network of child-care facilities;d) To provide special protection to women during pregnancy in typesof work proved to be harmful to them.

3. Protective legislation relating to matters covered in this articleshall be reviewed periodically in the light of scientific and technologicalknowledge and shall be revised, repealed or extended as necessary.

Article 12 [equal rights to healthcare]1. States Parties shall take all appropriate measures to eliminate

discrimination against women in the field of health care in order toensure, on a basis of equality of men and women, access to health careservices, including those related to family planning.

2. Notwithstanding the provisions of paragraph 1 of this article, StatesParties shall ensure to women appropriate services in connection withpregnancy, confinement and the post-natal period, granting free serviceswhere necessary, as well as adequate nutrition during pregnancy andlactation.

Article 13 [equal rights to economic and social life]States Parties shall take all appropriate measures to eliminate

discrimination against women in other areas of economic and sociallife in order to ensure, on a basis of equality of men and women, thesame rights, in particular:a) The right to family benefits;b) The right to bank loans, mortgages and other forms of financial credit;c) The right to participate in recreational activities, sports and all aspectsof cultural life.


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Article 14 [rural women]1. States Parties shall take into account the particular problems faced

by rural women and the significant roles which rural women play inthe economic survival of their families, including their work in thenon-monetized sectors of the economy, and shall take all appropriatemeasures to ensure the application of the provisions of the presentConvention to women in rural areas.

2. States Parties shall take all appropriate measures to eliminatediscrimination against women in rural areas in order to ensure, on abasis of equality of men and women, that they participate in and benefitfrom rural development and, in particular, shall ensure to such womenthe right:a) To participate in the elaboration and implementation of developmentplanning at all levels;b) To have access to adequate health care facilities, includinginformation, counselling and services in family planning;c) To benefit directly from social security programmes;d) To obtain all types of training and education, formal and non-formal,including that relating to functional literacy, as well as, inter alia , thebenefit of all community and extension services, in order to increasetheir technical proficiency;e) To organize self-help groups and co-operatives in order to obtainequal access to economic opportunities through employment or self-employment;f) To participate in all community activities;g) To have access to agricultural credit and loans, marketing facilities,appropriate technology and equal treatment in land and agrarian reformas well as in land resettlement schemes;h) To enjoy adequate living conditions, particularly in relation tohousing, sanitation, electricity and water supply, transport andcommunications.

PART IV [NON-DISCRIMINATION IN STATUS]Article 15 [equality before the law]

1. States Parties shall accord to women equality with men before thelaw.

2. States Parties shall accord to women, in civil matters, a legalcapacity identical to that of men and the same opportunities to exercisethat capacity. In particular, they shall give women equal rights toconclude contracts and to administer property and shall treat themequally in all stages of procedure in courts and tribunals.

3. States Parties agree that all contracts and all other privateinstruments of any kind with a legal effect which is directed at restrictingthe legal capacity of women shall be deemed null and void.

4. States Parties shall accord to men and women the same rightswith regard to the law relating to the movement of persons and thefreedom to choose their residence and domicile.

Article 16 [personal and family rights]1. States Parties shall take all appropriate measures to eliminate

discrimination against women in all matters relating to marriage andfamily relations and in particular shall ensure, on a basis of equality ofmen and women:a) The same right to enter into marriage;b) The same right freely to choose a spouse and to enter into marriageonly with their free and full consent;c) The same rights and responsibilities during marriage and at itsdissolution;d) The same rights and responsibilities as parents, irrespective of theirmarital status, in matters relating to their children; in all cases theinterests of the children shall be paramount;e) The same rights to decide freely and responsibly on the number andspacing of their children and to have access to the information, educationand means to enable them to exercise these rights;f) The same rights and responsibilities with regard to guardianship,wardship, trusteeship and adoption of children, or similar institutionswhere these concepts exist in national legislation: in all cases theinterests of the children shall be paramount;g) The same personal rights as husband and wife, including the right tochoose a family name, a profession and an occupation;h) The same rights for both spouses in respect of the ownership,acquisition, management, administration, enjoyment and dispositionof property, whether free of charge or for a valuable consideration.

2. The betrothal and the marriage of a child shall have no legal effect,and all necessary action, including legislation, shall be taken to specifya minimum age for marriage and to make the registration of marriagesin an official registry compulsory.

PART V [SUPERVISION]Article 17 [CEDAW-Committee]

1. For the purpose of considering the progress made in theimplementation of the present Convention, there shall be established aCommittee on the Elimination of Discrimination against Women(hereinafter referred to as the Committee) consisting, at the time ofentry into force of the Convention, of eighteen and, after ratification ofor accession to the Convention by the thirty-fifth State Party, of twenty-three experts of high moral standing and competence in the field coveredby the Convention. The experts shall be elected by States Parties fromamong their nationals and shall serve in their personal capacity,consideration being given to equitable geographical distribution and tothe representation of the different forms of civilization as well as theprincipal legal systems.

2. The members of the Committee shall be elected by secret ballotfrom a list of persons nominated by States Parties. Each State Partymay nominate one person from among its own nationals.

3. The initial election shall be held six months after the date of theentry into force of the present Convention. At least three months beforethe date of each election the Secretary-General of the United Nationsshall address a letter to the States Parties inviting them to submit theirnominations within two months. The Secretary-General shall prepare alist in alphabetical order of all persons thus nominated, indicating theStates Parties which have nominated them, and shall submit it to theStates Parties.

4. Elections of the members of the Committee shall be held at ameeting of States Parties convened by the Secretary-General at UnitedNations Headquarters. At that meeting, for which two-thirds of the StatesParties shall constitute a quorum, the persons elected to the Committeeshall be those nominees who obtain the largest number of votes and anabsolute majority of the votes of the representatives of States Partiespresent and voting.

5. The members of the Committee shall be elected for a term of fouryears. However, the terms of nine of the members elected at the firstelection shall expire at the end of two years; immediately after the firstelection the names of these nine members shall be chosen by lot by theChairman of the Committee.

6. The election of the five additional members of the Committeeshall be held in accordance with the provisions of paragraphs 2, 3 and4 of this article, following the thirty-fifth ratification or accession. Theterms of two of the additional members elected on this occasion shallexpire at the end of two years, the names of these two members havingbeen chosen by lot by the Chairman of the Committee.

7. For the filling of casual vacancies, the State Party whose experthas ceased to function as a member of the Committee shall appointanother expert from among its nationals, subject to the approval of theCommittee.

8. The members of the Committee shall, with the approval of theGeneral Assembly, receive emoluments from United Nations resourceson such terms and conditions as the Assembly may decide, having regardto the importance of the Committee’s responsibilities.

9. The Secretary-General of the United Nations shall provide thenecessary staff and facilities for the effective performance of effectivefunctions of the Committee under the present Convention.

Article 18 [reporting by States Parties]1. States Parties undertake to submit to the Secretary-General of the

United Nations, for consideration by the Committee, a report on thelegislative, judicial, administrative or other measures which they haveadopted to give effect to the provisions of the present Convention andon the progress made in this respect:a) Within one year after the entry into force for the State concerned;b) Thereafter at least every four years and further whenever theCommittee so requests.

2. Reports may indicate factors and difficulties affecting the degreeof fulfilment of obligations under the present Convention.


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Article 19 [procedures]1. The Committee shall adopt its own rules of procedure.2. The Committee shall elect its officers for a term of two years.

Article 20 [meetings]1. The Committee shall normally meet for a period of not more than

two weeks annually in order to consider the reports submitted inaccordance with article 18 of the present Convention.

2. The meetings of the Committee shall normally be held at UnitedNations Headquarters or at any other convenient place as determinedby the Committee.

Article 21 [reporting by CEDAW-Committee]1. The Committee shall, through the Economic and Social Council,

report annually to the General Assembly of the United Nations on itsactivities and may make suggestions and general recommendationsbased on the examination of reports and information received from theStates Parties. Such suggestions and general recommendations shallbe included in the report of the Committee together with comments, ifany, from States Parties.

2. The Secretary-General of the United Nations shall transmit thereports of the Committee to the Commission on the Status of Womenfor its information.

Article 22 [co-operation]The specialized agencies shall be entitled to be represented at the

consideration of the implementation of such provisions of the presentConvention as fall within the scope of their activities. The Committeemay invite the specialized agencies to submit reports on theimplementation of the Convention in areas falling within the scope oftheir activities.

PART VI [FINAL PROVISIONS]Article 23 [no abuse]

Nothing in the present Convention shall affect any provisions thatare more conducive to the achievement of equality between men andwomen which may be contained:a) In the legislation of a State Party; orb) In any other international convention, treaty or agreement in forcefor that State.

Article 24 [implementation]States Parties undertake to adopt all necessary measures at the

national level aimed at achieving the full realization of the rightsrecognized in the present Convention.

Article 25 [signatures, etc.]1. The present Convention shall be open for signature by all States.2. The Secretary-General of the United Nations is designated as the

depositary of the present Convention.3. The present Convention is subject to ratification. Instruments of

ratification shall be deposited with the Secretary-General of the UnitedNations.

4. The present Convention shall be open to accession by all States.Accession shall be effected by the deposit of an instrument of accessionwith the Secretary-General of the United Nations.

Article 26 [revision]1. A request for the revision of the present Convention may be made

at any time by any State Party by means of a notification in writingaddressed to the Secretary-General of the United Nations.

2. The General Assembly of the United Nations shall decide uponthe steps, if any, to be taken in respect of such a request.

Article 27 [entry into force]1. The present Convention shall enter into force on the thirtieth day

alter the date of deposit with the Secretary-General of the United Nationsof the twentieth instrument of ratification or accession.

2. For each State ratifying the present Convention or acceding to itafter the deposit of the twentieth instrument of ratification or accession,the Convention shall enter into force on the thirtieth day after the dateof the deposit of its own instrument of ratification or accession.

Article 28 [reservations]1. The Secretary-General of the United Nations shall receive and

circulate to all States the text of reservations made by States at the timeof ratification or accession.

2. A reservation incompatible with the object and purpose of thepresent Convention shall not be permitted.

3. Reservations may be withdrawn at any time by notification to thiseffect addressed to the Secretary-General of the United Nations, whoshall then inform all States thereof. Such notification shall take effecton the date on which it is received.

Article 29 [disputes]1. Any dispute between two or more States Parties concerning the

interpretation or application of the present Convention which is notsettled by negotiation shall at the request of one of them, be submittedto arbitration. If within six months from the date of the request forarbitration the parties are unable to agree on the organization of thearbitration, any one of those parties may refer the dispute to theInternational Court of Justice by request in conformity with the Statuteof the Court

2. Each State Party may at the time of signature or ratification of thepresent Convention or accession thereto declare that it does not consideritself bound by paragraph 1 of this article. The other States Partiesshall not be bound by that paragraph with respect to any State Partywhich has made such a reservation.

3. Any State Party which has made a reservation in accordance withparagraph 2 of this article may at any time withdraw that reservationby notification to the Secretary-General of the United Nations.

Article 30 [languages]The present Convention, the Arabic, Chinese, English, French,

Russian and Spanish texts of which are equally authentic, shall bedeposited with the Secretary-General of the United Nations.

In witness whereof the undersigned, duly authorized, have signedthe present Convention.


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PreambleThe 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 personand in the equal rights of men and women,

Also noting that the Universal Declaration of Human RightsResolution 217 A (III). proclaims that all human beings are born freeand equal in dignity and rights and that everyone is entitled to all therights and freedoms set forth therein, without distinction of any kind,including distinction based on sex,

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

Also recalling the Convention on the Elimination of All Forms ofDiscrimination against Women (“the Convention”), in which the StatesParties thereto condemn discrimination against women in all its formsand agree to pursue by all appropriate means and without delay a policyof eliminating discrimination against women,

Reaffirming their determination to ensure the full and equalenjoyment by women of all human rights and fundamental freedomsand to take effective action to prevent violations of these rights andfreedoms,Have agreed as follows:

Article 1 [individual communications]A State Party to the present Protocol (“State Party”) recognizes the

competence of the Committee on the Elimination of Discriminationagainst Women (“the Committee”) to receive and consider communi-cations submitted in accordance with article 2.

Article 2 [who can submit communications]Communications may be submitted by or on behalf of individuals

or groups of individuals, under the jurisdiction of a State Party, claimingto be victims of a violation of any of the rights set forth in the Conventionby that State Party. Where a communication is submitted on behalf ofindividuals or groups of individuals, this shall be with their consentunless the author can justify acting on their behalf without such consent.

Article 3 [admissibility]Communications shall be in writing and shall not be anonymous.

No communication shall be received by the Committee if it concerns aState Party to the Convention that is not a party to the present Protocol.

Article 4 [grounds for inadmissibility]1. The Committee shall not consider a communication unless it has

ascertained that all available domestic remedies have been exhaustedunless the application of such remedies is unreasonably prolonged orunlikely to bring effective relief.

2. The Committee shall declare a communication inadmissiblewhere:a) The same matter has already been examined by the Committee orhas been or is being examined under another procedure of internationalinvestigation or settlement;b) It is incompatible with the provisions of the Convention;c) It is manifestly ill-founded or not sufficiently substantiated;d) It is an abuse of the right to submit a communication;e) The facts that are the subject of the communication occurred priorto the entry into force of the present Protocol for the State Partyconcerned unless those facts continued after that date.

1 B.3.1 OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION OF DISCRIMINATIONAGAINST WOMEN

-adopted by UN General Assembly in resolution A/54/4 on 6 October 1999 at New York-opened for signature and ratification on 10 December 1999, Human Rights Day-entered into force on 22 December 2000-ratifications, etc.: 60 as per 15 July 2004

Article 5 [urgent consideration and interim measures]1. At any time after the receipt of a communication and before a

determination on the merits has been reached, the Committee maytransmit to the State Party concerned for its urgent consideration arequest that the State Party take such interim measures as may benecessary to avoid possible irreparable damage to the victim or victimsof the alleged violation.

2. Where the Committee exercises its discretion under paragraph 1of the present article, this does not imply a determination onadmissibility or on the merits of the communication.

Article 6 [involvement of State Party concerned]1. Unless the Committee considers a communication inadmissible

without reference to the State Party concerned, and provided that theindividual or individuals consent to the disclosure of their identity tothat State Party, the Committee shall bring any communicationsubmitted to it under the present Protocol confidentially to the attentionof the State Party concerned.

2. Within six months, the receiving State Party shall submit to theCommittee written explanations or statements clarifying the matter andthe remedy, if any, that may have been provided by that State Party.

Article 7 [examination]1. The Committee shall consider communications received under

the present Protocol in the light of all information made available to itby or on behalf of individuals or groups of individuals and by the StateParty concerned, provided that this information is transmitted to theparties concerned.

2. The Committee shall hold closed meetings when examiningcommunications under the present Protocol.

3. After examining a communication, the Committee shall transmitits views on the communication, together with its recommendations, ifany, to the parties concerned.

4. The State Party shall give due consideration to the views of theCommittee, together with its recommendations, if any, and shall submitto the Committee, within six months, a written response, includinginformation on any action taken in the light of the views andrecommendations of the Committee.

5. The Committee may invite the State Party to submit furtherinformation about any measures the State Party has taken in responseto its views or recommendations, if any, including as deemed appropriateby the Committee, in the State Party’s subsequent reports under article18 of the Convention.

Article 8 [wider implications; inquiry]1. If the Committee receives reliable information indicating grave

or systematic violations by a State Party of rights set forth in theConvention, the Committee shall invite that State Party to cooperate inthe examination of the information and to this end to submit observationswith regard to the information concerned.

2. Taking into account any observations that may have beensubmitted by the State Party concerned as well as any other reliableinformation available to it, the Committee may designate one or moreof its members to conduct an inquiry and to report urgently to theCommittee. Where warranted and with the consent of the State Party,the inquiry may include a visit to its territory.

3. After examining the findings of such an inquiry, the Committeeshall transmit these findings to the State Party concerned together withany comments and recommendations.

4. The State Party concerned shall, within six months of receivingthe findings, comments and recommendations transmitted by theCommittee, submit its observations to the Committee.

1 B.3.1 OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN

25

5. Such an inquiry shall be conducted confidentially and thecooperation of the State Party shall be sought at all stages of theproceedings.

Article 9 [response to inquiry]1. The Committee may invite the State Party concerned to include

in its report under article 18 of the Convention details of any measurestaken in response to an inquiry conducted under article 8 of the presentProtocol.

2. The Committee may, if necessary, after the end of the period ofsix months referred to in article 8.4, invite the State Party concerned toinform it of the measures taken in response to such an inquiry.

Article 10 [non-recognition of Committee competence]1. Each State Party may, at the time of signature or ratification of

the present Protocol or accession thereto, declare that it does notrecognize the competence of the Committee provided for in articles 8and 9.

2. Any State Party having made a declaration in accordance withparagraph 1 of the present article may, at any time, withdraw thisdeclaration by notification to the Secretary-General.

Article 11 [prohibition of reprisal]A State Party shall take all appropriate steps to ensure that individuals

under its jurisdiction are not subjected to ill treatment or intimidationas a consequence of communicating with the Committee pursuant tothe present Protocol.

Article 12 [inclusion in annual report]The Committee shall include in its annual report under article 21 of

the Convention a summary of its activities under the present Protocol.

Article 13 [publication and information]Each State Party undertakes to make widely known and to give

publicity to the Convention and the present Protocol and to facilitateaccess to information about the views and recommendations of theCommittee, in particular, on matters involving that State Party.

Article 14 [rules of procedure]The Committee shall develop its own rules of procedure to be

followed when exercising the functions conferred on it by the presentProtocol.

Article 15 [signatures, etc.]1. The present Protocol shall be open for signature by any State that

has signed, ratified or acceded to the Convention.2. The present Protocol shall be subject to ratification by any State

that has ratified or acceded to the Convention. Instruments of ratificationshall be deposited with the Secretary-General of the United Nations.

3. The present Protocol shall be open to accession by any State thathas ratified or acceded to the Convention.



date of the deposit with the Secretary-General of the United Nations ofthe tenth instrument of ratification or accession.

2. For each State ratifying the present Protocol or acceding to itafter its entry into force, the present Protocol shall enter into forcethree months after the date of the deposit of its own instrument ofratification or accession.

Article 17 [no reservations permitted]No reservations to the present Protocol shall be permitted.

Article 18 [amendments]1. Any State Party may propose an amendment to the present Protocol

and file it with the Secretary-General of the United Nations. TheSecretary-General shall thereupon communicate any proposedamendments to the States Parties with a request that they notify her orhim whether they favour a conference of States Parties for the purposeof considering and voting on the proposal. In the event that at least onethird of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the UnitedNations. Any amendment adopted by a majority of the States Partiespresent and voting at the conference shall be submitted to the GeneralAssembly of the United Nations for approval.

2. Amendments shall come into force when they have been approvedby the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Protocol in accordancewith their respective constitutional processes.

3. When amendments come into force, they shall be binding on thoseStates Parties that have accepted them, other States Parties still beingbound by the provisions of the present Protocol and any earlieramendments that they have accepted.

Article 19 [denunciation]1. Any State Party may denounce the present Protocol at any time

by written notification addressed to the Secretary-General of the UnitedNations. Denunciation shall take effect six months after the date ofreceipt of the notification by the Secretary-General.

2. Denunciation shall be without prejudice to the continuedapplication of the provisions of the present Protocol to anycommunication submitted under article 2 or any inquiry initiated underarticle 8 before the effective date of denunciation.

Article 20 [depositary]The Secretary-General of the United Nations shall inform all States

of:a) Signatures, ratifications and accessions under the present Protocol;b) The date of entry into force of the present Protocol and of anyamendment under article 18;c) Any denunciation under article 19.

Article 21 [languages, etc.]1. The present Protocol, of which the Arabic, Chinese, English,

French, Russian and Spanish texts are equally authentic, shall bedeposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmitcertified copies of the present Protocol to all States referred to in article25 of the Convention.

1 B.3.1 OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN

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The States Parties to this Convention,Considering that, in accordance with the principles proclaimed in

the Charter of the United Nations, recognition of the equal andinalienable rights of all members of the human family is the foundationof freedom, justice and peace in the world,

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

Considering the obligation of States under the Charter, in particularArticle 55, to promote universal respect for, and observance of, humanrights and fundamental freedoms,

Having regard to Article 5 of the Universal Declaration of HumanRights and Article 7 of the International Covenant on Civil and PoliticalRights, both of which provide that no one shall be subjected to tortureor cruel, inhuman or degrading treatment or punishment,

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

Desiring to make more effective the struggle against torture and othercruel, inhuman or degrading treatment or punishment throughout theworld,


PART I [STANDARDS]Article 1 [definition]

1. For the purposes of this Convention, the term ‘torture’ means anyact by which severe pain or suffering, whether physical or mental, isintentionally inflicted on a person for such purposes as obtaining fromhim or a third person information or a confession, punishing him for anact he or a third person has committed or is suspected of havingcommitted, or intimidating or coercing him or a third person, or forany reason based on discrimination of any kind, when such pain orsuffering is inflicted by or at the instigation of or with the consent oracquiescence of a public official or other person acting in an officialcapacity. It does not include pain or suffering arising only from, inherentin or incidental to lawful sanctions.

2. This article is without prejudice to any international instrumentor national legislation which does or may contain provisions of widerapplication.

Article 2 [legislation against torture]1. Each State Party shall take effective legislative, administrative,

judicial or other measures to prevent acts of torture in any territoryunder its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of waror a threat of war, internal political instability or any other publicemergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not beinvoked as a justification of torture.

Article 3 [prohibition of deportation, refoulement or extradition]1. No State Party shall expel, return (‘refouler’) or extradite a person

to another State where there are substantial grounds for believing thathe would be in danger of being subjected to torture.

2. For the purpose of determining whether there are such grounds,the competent authorities shall take into account all relevantconsiderations including, where applicable, the existence in the Stateconcerned of a consistent pattern of gross, flagrant or mass violationsof human rights.

1 B.4 CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADINGTREATMENT OR PUNISHMENT

-adopted by the UN General Assembly in resolution 39/46 of 10 December 1984 at New York-opened for signature, ratification and accession on 10 December 1984-entered into force on 26 June 1987-ratifications, etc.: 136 as per 15 July 2004

1 B.4 CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

Article 4 [torture a punishable offence]1. Each State Party shall ensure that all acts of torture are offences

under its criminal law. The same shall apply to an attempt to committorture and to an act by any person which constitutes complicity orparticipation in torture.

2. Each State Party shall make these offences punishable byappropriate penalties which take into account their grave nature.

Article 5 [jurisdiction, universal jurisdiction]1. Each State Party shall take such measures as may be necessary to

establish its jurisdiction over the offences referred to in article 4 in thefollowing cases:a) When the offences are committed in any territory under itsjurisdiction or on board a ship or aircraft registered in that State;b) When the alleged offender is a national of that State;c) When the victim is a national of that State if that State considers itappropriate.

2. Each State Party shall likewise take such measures as may benecessary to establish its jurisdiction over such offences in cases wherethe alleged offender is present in any territory under its jurisdictionand it does not extradite him pursuant to article 8 to any of the Statesmentioned in paragraph 1 of this article.

3. This Convention does not exclude any criminal jurisdictionexercised in accordance with internal law.

Article 6 [custody, enquiry, notification]1. Upon being satisfied, after an examination of information available

to it, that the circumstances so warrant, any State Party in whose territorya person alleged to have committed any offence referred to in article 4is present shall take him into custody or take other legal measures toensure his presence. The custody and other legal measures shall be asprovided in the law of that State but may be continued only for suchtime as is necessary to enable any criminal or extradition proceedingsto be instituted.

2. Such State shall immediately make a preliminary inquiry into thefacts.

3. Any person in custody pursuant to paragraph 1 of this article shallbe assisted in communicating immediately with the nearest appropriaterepresentative of the State of which he is a national, or, if he is a statelessperson, with the representative of the State where he usually resides.

4. When a State, pursuant to this article, has taken a person intocustody, it shall immediately notify the States referred to in article 5,paragraph 1, of the fact that such person is in custody and of thecircumstances which warrant his detention. The State which makes thepreliminary inquiry contemplated in paragraph 2 of this article shallpromptly report its findings to the said States and shall indicate whetherit intends to exercise jurisdiction.

Article 7 [prosecution]1. The State Party in the territory under whose jurisdiction a person

alleged to have committed any offence referred to in article 4 is foundshall in the cases contemplated in article 5, if it does not extradite him,submit the case to its competent authorities for the purpose ofprosecution.

2. These authorities shall take their decision in the same manner asin the case of any ordinary offence of a serious nature under the law ofthat State. In the cases referred to in article 5, paragraph 2, the standardsof evidence required for prosecution and conviction shall in no way beless stringent than those which apply in the cases referred to in article5, paragraph 1.

3. Any person regarding whom proceedings are brought in connectionwith any of the offences referred to in article 4 shall be guaranteed fairtreatment at all stages of the proceedings.


Article 8 [extradition]1. The offences referred to in article 4 shall be deemed to be included

as extraditable offences in any extradition treaty existing between StatesParties. States Parties undertake to include such offences as extraditableoffences in every extradition treaty concluded between them.

2. If a State Party which makes extradition conditional on theexistence of a treaty receives a request for extradition from anotherState Party with which it has no extradition treaty, it may consider thisConvention as the legal basis for extradition in respect of such offences.Extradition shall be subject to the other conditions provided by the lawof the requested State.

3. States Parties which do not make extradition conditional on theexistence of a treaty shall recognize such offences as extraditableoffences between themselves subject to the conditions provided by thelaw of the requested State.

4. Such offences shall be treated, for the purpose of extraditionbetween States Parties, as if they had been committed not only in theplace in which they occurred but also in the territories of the Statesrequired to establish their jurisdiction in accordance with article 5,paragraph 1.

Article 9 [co-operation among States]1. States Parties shall afford one another the greatest measure of

assistance in connection with criminal proceedings brought in respectof any of the offences referred to in article 4, including the supply ofall evidence at their disposal necessary for the proceedings.

2. States Parties shall carry out their obligations under paragraph 1of this article in conformity with any treaties on mutual judicialassistance that may exist between them.

Article 10 [education, etc.]1. Each State Party shall ensure that education and information

regarding the prohibition against torture are fully included in the trainingof law enforcement personnel, civil or military, medical personnel,public officials and other persons who may be involved in the custody,interrogation or treatment of any individual subjected to any form ofarrest, detention or imprisonment.

2. Each State Party shall include this prohibition in the rules orinstructions issued in regard to the duties and functions of any suchpersons.

Article 11 [preventive measures]Each State Party shall keep under systematic review interrogation

rules, instructions, methods and practices as well as arrangements forthe custody and treatment of persons subjected to any form of arrest,detention or imprisonment in any territory under its jurisdiction, with aview to preventing any cases of torture.

Article 12 [prompt investigation]Each State Party shall ensure that its competent authorities proceed

to a prompt and impartial investigation, wherever there is reasonableground to believe that an act of torture has been committed in anyterritory under its jurisdiction.

Article 13 [right to remedy]Each State Party shall ensure that any individual who alleges he has

been subjected to torture in any territory under its jurisdiction has theright to complain to, and to have his case promptly and impartiallyexamined by, its competent authorities. Steps shall be taken to ensurethat the complainant and witnesses are protected against all ill-treatmentor intimidation as a consequence of his complaint or any evidence given.

Article 14 [redress and reparation]1. Each State Party shall ensure in its legal system that the victim of

an act of torture obtains redress and has an enforceable right to fair andadequate compensation, including the means for as full rehabilitationas possible. In the event of the death of the victim as a result of an actof torture, his dependants shall be entitled to compensation.

2. Nothing in this article shall affect any right of the victim or otherpersons to compensation which may exist under national law.

Article 15 [evidence extracted under torture]Each State Party shall ensure that any statement which is established

to have been made as a result of torture shall not be invoked as evidencein any proceedings, except against a person accused of torture asevidence that the statement was made.

Article 16 [interpretation]1. Each State Party shall undertake to prevent in any territory under

its jurisdiction other acts of cruel, inhuman or degrading treatment orpunishment which do not amount to torture as defined in article 1, whensuch acts are committed by or at the instigation of or with the consentor acquiescence of a public official or other persons acting in an officialcapacity. In particular, the obligations contained in articles 10, 11, 12and 13 shall apply with the substitution for references to torture ofreferences to other forms of cruel, inhuman or degrading treatment orpunishment.

2. The provisions of this Convention are without prejudice to theprovisions of any other international instrument or national law whichprohibits cruel, inhuman or degrading treatment or punishment or whichrelates to extradition or expulsion.

PART II [SUPERVISION]Article 17 [CAT-Committee]

1. There shall be established a Committee against Torture (hereinafterreferred to as the Committee) which shall carry out the functionshereinafter provided. The Committee shall consist of ten experts ofhigh moral standing and recognized competence in the field of humanrights, who shall serve in their personal capacity. The experts shall beelected by the States Parties, consideration being given to equitablegeographical distribution and to the usefulness of the participation ofsome persons having legal experience.

2. The members of the Committee shall be elected by secret ballotfrom a list of persons nominated by States Parties. Each State Partymay nominate one person from among its own nationals. States Partiesshall bear in mind the usefulness of nominating persons who are alsomembers of the Human Rights Committee established under theInternational Covenant on Civil and Political Rights and who are willingto serve on the Committee against Torture.

3. Elections of the members of the Committee shall be held at biennialmeetings of States Parties convened by the Secretary-General of theUnited Nations. At those meetings, for which two thirds of the StatesParties shall constitute a quorum, the persons elected to the Committeeshall be those who obtain the largest number of votes and an absolutemajority of the votes of the representatives of States Parties presentand voting.

4. The initial elections hall be held no later than six months after thedate of entry into force of this Convention. At least four months beforethe date of each election, the Secretary-General of the United Nationsshall address a letter to the States Parties inviting them to submit theirnominations within three months. The Secretary-General shall preparea list in alphabetical order of all persons thus nominated, indicating theStates Parties which have nominated them, and shall submit it to theStates Parties.

5. The members of the Committee shall be elected for a term of fouryears. They shall be eligible for re-election if renominated. However,the term of five of the members elected at the first election shall expireat the end of two years; immediately after the first election the namesof these five members shall be chosen by lot by the chairman of themeeting referred to in paragraph 3 of this article.

6. If a member of the Committee dies or resigns or for any othercause can no longer perform his Committee duties, the State Party whichnominated him shall appoint another expert from among its nationalsto serve for the remainder of his term, subject to the approval of themajority of the States Parties. The approval shall be considered givenunless half or more of the Stated Parties respond negatively within sixweeks after having been informed by the Secretary-General of theUnited Nations of the proposed appointment.

7. States Parties shall be responsible for the expenses of the membersof the Committee while they are in performance of Committee duties.[amended by General Assembly resolution 47/111 of 16 December1992]

28 1 B.4 CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

Article 18 [procedures]1. The Committee shall elect its officers for a term of two years.

They may be re-elected.2. The Committee shall establish its own rules of procedure, but

these rules shall provide, inter alia , that:a) Six members shall constitute a quorum;b) Decisions of the Committee shall be made by a majority vote of themembers present;

3. The Secretary-General of the United Nations shall provide thenecessary staff and facilities for the effective performance of thefunctions of the Committee under this Convention.

4. The Secretary-General of the United Nations shall convene theinitial meeting of the Committee. After its initial meeting, the Committeeshall meet at such times as shall be provided in its rules of procedure.

5. The States Parties shall be responsible for expenses incurred inconnection with the holding of meetings of the States Parties and of theCommittee, including reimbursement to the United Nations for anyexpenses, such as the cost of staff and facilities, incurred by the UnitedNations pursuant to paragraph 3 of this article. [amended by GeneralAssembly resolution 47/111 of 16 December 1992]

Article 19 [reporting by States Parties]1. The States Parties shall submit to the Committee, through the

Secretary-General of the United Nations, reports on the measures theyhave taken to give effect to their undertakings under this Convention,within one year after the entry into force of the Convention for theState Party concerned. Thereafter the States Parties shall submitsupplementary reports every four years on any new measures takenand such other reports as the Committee may request.

2. The Secretary-General of the United Nations shall transmit thereports to all States Parties.

3. Each report shall be considered by the Committee which maymake such general comments on the report as it may considerappropriate, and shall forward these to the State Party concerned. ThatState Party may respond with any observations it chooses to theCommittee.

4. The Committee may, at its discretion, decide to include anycomments made by it in accordance with paragraph 3 of this article,together with the observations thereon received from the State Partyconcerned, in its annual report made in accordance with article 24. Ifso requested by the State Party concerned, the Committee may alsoinclude a copy of the report submitted under paragraph 1 of this article.

Article 20 [inquiry by CAT-Committee]1. If the Committee receives reliable information which appears to

it to contain well-founded indications that torture is being systematicallypractised in the territory of a State Party, the Committee shall invitethat State Party to co-operate in the examination of the informationand to this end to submit observations with regard to the informationconcerned.

2. Taking into account any observations which may have beensubmitted by the State Party concerned, as well as any other relevantinformation available to it, the Committee may, if it decides that this iswarranted, designate one or more of its members to make a confidentialinquiry and to report to the Committee urgently.

3. If an inquiry is made in accordance with paragraph 2 of this article,the Committee shall seek the co-operation of the State Party concerned.In agreement with that State Party, such an inquiry may include a visitto its territory.

4. After examining the findings of its member or members submittedin accordance with paragraph 2 of this article, the Committee shalltransmit these findings to the State Party concerned together with anycomments or suggestions which seem appropriate in view of thesituation.

5. All the proceedings of the Committee referred to in paragraphs 1to 4 of this article shall be confidential, and at all stages of theproceedings the co-operation of the State Party shall be sought. Aftersuch proceedings have been completed with regard to an inquiry madein accordance with paragraph 2. the Committee may, after consultationswith the State Party concerned, decide to include a summary accountof the results of the proceedings in its annual report made in accordancewith article 24.

Article 21 [State complaints]1. A State Party to this Convention may at any time declare under

this article that it recognizes the competence of the Committee to receiveand consider communications to the effect that a State Party claimsthat another State Party is not fulfilling its obligations under thisConvention. Such communications may be received and consideredaccording to the procedures laid down in this article only if submittedby a State Party which has made a declaration recognizing in regard toitself the competence of the Committee. No communication shall bedealt with by the Committee under this article if it concerns a StateParty which has not made such a declaration. Communications receivedunder this article shall be dealt with in accordance with the followingprocedure:a) If a State Party considers that another State Party is not giving effectto the provisions of this Convention, it may, by written communication,bring the matter to the attention of that State Party. Within three monthsafter the receipt of the communication the receiving State shall affordthe State which sent the communication an explanation or any otherstatement in writing clarifying the matter, which should include, to theextent possible and pertinent, reference to domestic procedures andremedies taken, pending or available in the matter;b) If the matter is not adjusted to the satisfaction of both States Partiesconcerned within six months after the receipt by the receiving State ofthe initial communication, either State shall have the right to refer thematter to the Committee, by notice given to the Committee and to theother State;c) The Committee shall deal with a matter referred to it under this articleonly after it has ascertained that all domestic remedies have beeninvoked and exhausted in the matter, in conformity with the generallyrecognized principles of international law. This shall not be the rulewhere the application of the remedies is unreasonably prolonged or isunlikely to bring effective relief to the person who is the victim of theviolation of this Convention;d) The Committee shall hold closed meetings when examiningcommunications under this Article;e) Subject to the provisions of subparagraph (c), the Committee shallmake available its good offices to the States Parties concerned with aview to a friendly solution of the matter on the basis of respect for theobligations provided for in this Convention. For this purpose, theCommittee may, when appropriate, set up an ad hoc conciliationcommission;f) In any matter referred to it under this article, the Committee maycall upon the States Parties concerned, referred to in paragraph b), tosupply any relevant information;g) The States Parties concerned, referred to in subparagraph (b), shallhave the right to be represented when the matter is being considered bythe Committee and to make submissions orally and/or in writing;h) The Committee shall, within twelve months after the receipt of noticeunder subparagraph (b), submit a report:i) If a solution within the terms of subparagraph (e) is reached, the

Committee shall confine its report to a brief statement of the factsand of the solution reached;

ii) If a solution within the terms of subparagraph (e) is not reached, theCommittee shall confine its report to a brief statement of the facts;the written submissions and record of the oral submissions made bythe States Parties concerned shall be attached to the report. In everymatter, the report shall be communicated to the States Partiesconcerned.2. The provisions of this article shall come into force when five

States Parties to this Convention have made declarations underparagraph 1 of this article. Such declarations shall be deposited by theStates Parties with the Secretary-General of the United Nations, whoshall transmit copies thereof to the other States Parties. A declarationmay be withdrawn at any time by notification to the Secretary-General.Such a withdrawal shall not prejudice the consideration of any matterwhich is the subject of a communication already transmitted under thisarticle; no further communication by any State Party shall be receivedunder this article after the notification of withdrawal of the declarationhas been received by the Secretary-General, unless the State Partyconcerned has made a new declaration.


Article 22 [individual complaints]1. A State Party to this Convention may at any time declare under

this article that it recognizes the competence of the Committee to receiveand consider communications from or on behalf of individuals subjectto its jurisdiction who claim to be victims of a violation by a StateParty of the provisions of the Convention. No communication shall bereceived by the Committee if it concerns a State Party which has notmade such a declaration.

2. The Committee shall consider inadmissible any communicationunder this article which is anonymous or which it considers to be anabuse of the right of submission of such communication or to beincompatible with the provisions of this Convention.

3. Subject to the provisions of paragraph 2, the Committee shallbring any communications submitted to it under this article to theattention of the State Party to this Convention which has made adeclaration under paragraph 1 and is alleged to be violating anyprovisions of the Convention. Within six months, the receiving Statesshall submit to the Committee written explanations or statementsclarifying the matter and the remedy, if any, that may have been takenby the State.

4. The Committee shall consider communications received underthis article in the light of all information made available to it by or onbehalf of the individual and by the State Party concerned.

5. The Committee shall not consider any communications from anindividual under this article unless it has ascertained that:

a)The same matter has not been, and is not being, examined underanother procedure of international investigation or settlement;

b)The individual has exhausted all available domestic remedies;this shall not be the rule where the application of the remedies isunreasonably prolonged or is unlikely to bring effective relief to theperson who is the victim of the violation of this Convention.

6. The Committee shall hold closed meetings when examiningcommunications under this article.

7. The Committee shall forward its views to the State Party concernedand to the individual.

8. The provisions of this article shall come into force when fiveStates Parties to this Convention have made declarations underparagraph 1 of this article. Such declarations shall be deposited by theStates Parties with the Secretary-General of the United Nations, whoshall transmit copies thereof to the other States Parties. A declarationmay be withdrawn at any time by notification to the Secretary-General.Such a withdrawal shall not prejudice the consideration of any matterwhich is the subject of a communication already transmitted under thisarticle; no further communication by or on behalf of an individual shallbe received under this article after the notification of withdrawal of thedeclaration has been received by the Secretary-General, unless the StateParty has made a new declaration.

Article 23 [facilities]The members of the Committee and of the ad hoc conciliation

commissions which may be appointed under article 21, paragraph 1(e), shall be entitled to the facilities, privileges and immunities ofexperts on mission for the United Nations as laid down in the relevantsections of the Convention on the Privileges and Immunities of theUnited Nations.

Article 24 [reporting by CAT-Committee]The Committee shall submit an annual report on its activities under

this Convention to the States Parties and to the General Assembly ofthe United Nations.

PART III [FINAL PROVISIONS]Article 25 [signatures, etc.]

1. This Convention is open for signature by all States.2. This Convention is subject to ratification. Instruments of

ratification shall be deposited with the Secretary-General of the UnitedNations.

Article 26 [accession]This Convention is open to accession by all States. Accession shall

be effected by the deposit of an instrument of accession with theSecretary-General of the United Nations.

Article 27 [entry into force]1. This Convention shall enter into force on the thirtieth day after

the date of the deposit with the Secretary-General of the United Nationsof the twentieth instrument of ratification or accession.

2. For each State ratifying this Convention or acceding to it after thedeposition of the twentieth instrument of ratification or accession, theConvention shall enter into force on the thirtieth day after the date ofthe deposit of its own instrument of ratification or accession.

Article 28 [non-recognition competence on basis of art. 20]1. Each State may, at the time of signature or ratification of this

Convention or accession thereto, declare that it does not recognize thecompetence of the Committee provided for in article 20.

2. Any State Party having made a reservation in accordance withparagraph 1 of this article may, at any time, withdraw this reservationby notification to the Secretary-General of the United Nations.

Article 29 [amendments]1. Any State Party to this Convention may propose an amendment

and file it with the Secretary-General of the United Nations. TheSecretary-General shall thereupon communicate the proposedamendment to the State Parties with a request that they notify himwhether they favour a conference of States Parties for the purpose ofconsidering and voting upon the proposal. In the event that within fourmonths from the date of such communication at least one third of theStates Parties favours such a conference, the Secretary-General shallconvene the conference under the auspices of the United Nations. Anyamendment adopted by a majority of the States Parties present andvoting at the conference shall be submitted by the Secretary-General toall the States Parties for acceptance.

2. An amendment adopted in accordance with paragraph 1 of thisarticle shall enter into force when two thirds of the States Parties tothis Convention have notified the Secretary-General of the UnitedNations that they have accepted it in accordance with their respectiveconstitutional processes.

3. When amendments enter into force, they shall be binding on thoseStates Parties which have accepted them, other States Parties still beingbound by the provisions of this Convention and any earlier amendmentswhich they have accepted.

Article 30 [dispute]1. Any dispute between two or more States Parties concerning the

interpretation or application of this Convention which cannot be settledthrough negotiation shall, at the request of one of them, be submittedto arbitration. If within six months from the date of the request forarbitration the Parties are unable to agree on the organization of thearbitration, any one of those Parties may refer the dispute to theInternational Court of Justice by request in conformity with the Statuteof the Court.

2. Each State may, at the time of signature or ratification of thisConvention or accession thereto, declare that it does not consider itselfbound by paragraph 1 of this article. The other States Parties shall notbe bound by paragraph 1 of this article with respect to any State Partyhaving made such a reservation.

3. Any State Party having made a reservation in accordance withparagraph 2 of this article may at any time withdraw this reservationby notification to the Secretary-General of the United Nations.



Article 33 [languages][ . . . ]

30

1 B.4.1 OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE AND OTHER CRUEL,INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

-adopted on 18 December 2002 by the UN General Assembly at New York-opened for signature and ratification on 19 December 2002-ratifications, etc.: 4 countries as per 15 July 2004

The States Parties to the present Protocol,Reaffirming that torture and other cruel, inhuman or degrading

treatment or punishment are prohibited and constitute serious violationsof human rights,

Convinced that further measures are necessary to achieve thepurposes of the Convention against Torture and Other Cruel, Inhumanor Degrading Treatment or Punishment (hereinafter referred to as theConvention) and to strengthen the protection of persons deprived oftheir liberty from torture and other cruel, inhuman or degradingtreatment or punishment,

Recalling that articles 2 and 16 of the Convention oblige each StateParty to take effective measures to prevent acts of torture and othercruel, inhuman or degrading treatment or punishment in any territoryunder its jurisdiction,

Recognizing that States have the primary responsibility forimplementing these articles, that strengthening the protection of peopledeprived of their liberty and the full respect for their human rights is acommon responsibility shared by all , and that internationalimplementing bodies complement and strengthen national measures,

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

Recalling also that the World Conference on Human Rights, held atVienna in June 1993, firmly declared that efforts to eradicate tortureshould first and foremost be concentrated on prevention and called forthe adoption of an optional protocol to the Convention which is intendedto establish a preventive system of regular visits to places of detention,

Convinced that the protection of persons deprived of their libertyagainst torture and other cruel, inhuman or degrading treatment orpunishment can be strengthened by non-judicial means of a preventivenature, based on regular visits to places of detention,


PART I GENERAL PRINCIPLESArticle 1 [objective: regular visits of the Subcommittee]

The objective of this Protocol is to establish a system of regularvisits undertaken by independent international and national bodies toplaces where people are deprived of their liberty, in order to preventtorture and other cruel, inhuman or degrading treatment or punishment.

Article 2 [role of the Subcommittee]1. A Subcommittee on Prevention of Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment of the Committeeagainst Torture (hereinafter referred to as the “Subcommittee onPrevention”) shall be established and shall carry out the functions laiddown in the present Protocol.

2. The Subcommittee on Prevention shall carry out its work withinthe framework of the Charter of the United Nations and will be guidedby the purposes and principles thereof, as well as the norms of theUnited Nations concerning the treatment of people deprived of theirliberty.

3. Equally, the Subcommittee on Prevention shall be guided by theprinciples of confidentiality, impartiality, non-selectivity, universalityand objectivity.

4. The Subcommittee on Prevention and the States Parties shallcooperate in the implementation of the present Protocol.

Article 3 [establishment of national preventive mechanism]Each State Party shall set up, designate or maintain at the domestic

level one or several visiting bodies for the prevention of torture andother cruel, inhuman or degrading treatment or punishment (hereinafterreferred to as the “national preventive mechanism”).

Article 4 [access to places of detention]1. Each State Party shall allow visits, in accordance with the present

Protocol, by the mechanisms referred to in articles 2 and 3 to any placeunder its jurisdiction and control where persons are or may be deprivedof their liberty, either by virtue of an order given by a public authorityor at its instigation or with its consent or acquiescence (hereinafterreferred to as “places of detention”). These visits shall be undertakenwith a view to strengthening, if necessary, the protection of these personsagainst torture and other cruel, inhuman or degrading treatment orpunishment.

2. For the purposes of the present Protocol deprivation of libertymeans any form of detention or imprisonment or the placement of aperson in a public or private custodial setting, from which this personis not permitted to leave at will by order of any judicial, administrativeor other authority.

PART II THE SUBCOMMITTEE ON PREVENTIONArticle 5 [composition of Subcommittee]

1. The Subcommittee on Prevention shall consist of 10 members.After the fiftieth ratification or accession to the present Protocol, thenumber of the members of the Subcommittee on Prevention shallincrease to 25.

2. The members of the Subcommittee on Prevention shall be chosenfrom among persons of high moral character, having proven professionalexperience in the field of the administration of justice, in particularcriminal law, prison or police administration, or in the various fieldsrelevant to the treatment of persons deprived of their liberty.

3. In the composition of the Subcommittee on Prevention dueconsideration shall be given to the equitable geographic distributionand to the representation of different forms of civilization and legalsystems of the States Parties.

4. In this composition consideration shall also be given to thebalanced gender representation on the basis of the principles of equalityand non-discrimination.

5. No two members of the Subcommittee on Prevention may benationals of the same State.

6. The members of the Subcommittee shall serve in their individualcapacity, shall be independent and impartial and shall be available onPrevention to serve the Subcommittee efficiently.

Article 6 [nomination of candidates for Subcommittee]1. Each State Party may nominate, in accordance with paragraph 2,

up to two candidates possessing the qualifications and meeting therequirements set out in article 5, and in doing so shall provide detailedinformation on the qualifications of the nominees.

2. a) The nominees shall have the nationality of a State Party to thepresent Protocol;b) At least one of the two candidates shall have the nationality of thenominating State Party;c) No more than two nationals of a State Party shall be nominated;d) Before a State Party nominates a national of another State Party, itshall seek and obtain the consent of that State Party.

3. At least five months before the date of the meeting of the StatesParties during which the elections will be held, the Secretary-Generalof the United Nations shall address a letter to the States Parties invitingthem to submit their nominations within three months. The Secretary-General shall submit a list, in alphabetical order, of all persons thusnominated, indicating the States Parties which have nominated them.


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Article 7 [election of members of Subcommittee]1. The members of the Subcommittee on Prevention shall be elected

in the following manner:a) Primary consideration shall be given to the fulfilment of therequirements and criteria of article 5 of the present Protocol;b) The initial election shall be held no later than six months after theentry into force of the present Protocol;c) The States Parties shall elect the members of the Subcommittee onPrevention by secret ballot;d) Elections of the members of the Subcommittee on Prevention shallbe held at biennial meetings of the States Parties convened by theSecretary-General of the United Nations. At those meetings, for whichtwo thirds of the States Parties shall constitute a quorum, the personselected to the Subcommittee shall be those who obtain the largestnumber of votes and an absolute majority of the votes of therepresentatives of the States Parties present and voting.

2. If, during the election process, two nationals of a State Party havebecome eligible to serve as members of the Subcommittee onPrevention, the candidate receiving the higher number of votes shallserve as the member of the Subcommittee. Where nationals havereceived the same number of votes, the following procedure applies:a) Where only one has been nominated by the State Party of which heor she is a national, that national shall serve as the member of theSubcommittee on Prevention;b) Where both candidates have been nominated by the State Party ofwhich they are nationals, a separate vote by secret ballot shall be heldto determine which national shall become member;c) Where neither candidate has been nominated by the State Party ofwhich he or she is a national, a separate vote by secret ballot shall beheld to determine which candidate shall be the member.

Article 8 [replacement in case of resignation]If a member of the Subcommittee on Prevention dies or resigns, or

for any cause can no longer perform his or her duties, the State Partywhich nominated the member shall nominate another eligible personpossessing the qualifications and meeting the requirements set out inarticle 5, taking into account the need for a proper balance among thevarious fields of competence, to serve until the next meeting of theStates Parties, subject to the approval of the majority of the StatesParties. The approval shall be considered given unless half or more ofthe States Parties respond negatively within six weeks after having beeninformed by the Secretary-General of the United Nations of the proposedappointment.

Article 9 [period of tenure]The members of the Subcommittee on Prevention shall be elected

for a term of four years. They shall be eligible for re-election once ifrenominated. The term of half the members elected at the first electionshall expire at the end of two years; immediately after the first electionthe names of these members shall be chosen by lot by the Chairman ofthe meeting referred to in article 7, paragraph 1 (d).

Article 10 [rules]1. The Subcommittee on Prevention shall elect its officers for a term

of two years. They may be re-elected.2. The Subcommittee on Prevention shall establish its own rules of

procedure. These rules shall provide, inter alia, that:a) Half plus one members shall constitute a quorum;b) Decisions of the Subcommittee on Prevention shall be made by amajority vote of the members present;c) The Subcommittee on Prevention shall meet in camera.

3. The Secretary-General of the United Nations shall convene theinitial meeting of the Subcommittee on Prevention. After its initialmeeting, the Subcommittee shall meet at such times as shall be providedby its rules of procedure. The Subcommittee and the Committee againstTorture shall hold their sessions simultaneously at least once a year.

PART III MANDATE OF THE SUBCOMMITTEE ONPREVENTION

Article 11 [mandate]The Subcommittee on Prevention shall:

a) Visit the places referred to in article 4 and make recommendationsto States Parties concerning the protection of persons deprived of theirliberty from torture and other cruel, inhuman or degrading treatment orpunishment;b) In regard to the national preventive mechanisms:i Advise and assist States Parties, when necessary, in their

establishment;ii Maintain direct, if necessary confidential, contact with the national

preventive mechanisms and offer them training and technicalassistance with a view to strengthening their capacities;

iii Advise and assist them in the evaluation of the needs and the meansnecessary to strengthen the protection of persons deprived of theirliberty from torture and other cruel, inhuman or degrading treatmentor punishment;

iv Make recommendations and observations to the States Parties witha view to strengthening the capacity and the mandate of the nationalpreventive mechanisms for the prevention of torture and other cruel,inhuman or degrading treatment or punishment;

c) Cooperate, for the prevention of torture in general, with the relevantUnited Nations bodies and mechanisms as well as with the international,regional and national institutions or organizations working toward thestrengthening of the protection of persons from torture and other cruel,inhuman or degrading treatment or punishment.

Article 12 [obligations of States Parties]In order to enable the Subcommittee on Prevention to comply with

its mandate as laid out in article 11, the States Parties undertake to:a) Receive the Subcommittee on Prevention in its territory and grantit access to the places of detention as defined in article 4 of the presentProtocol;b) Share all relevant information the Subcommittee on Prevention mayrequest to evaluate the needs and measures that should be adopted inorder to strengthen the protection of persons deprived of their libertyfrom torture and other cruel, inhuman or degrading treatment orpunishment;c) Encourage and facilitate contacts between the Subcommittee onPrevention and the national preventive mechanisms;d) Examine the recommendations of the Subcommittee on Preventionand enter into dialogue with it on possible implementation measures.

Article 13 [planning of visits]1. The Subcommittee on Prevention shall establish, at first by lot, a

programme of regular visits to the States Parties in order to fulfil itsmandate as established in article 11.

2. After consultations, the Subcommittee on Prevention shall notifyits programme to the States Parties in order that they may, withoutdelay, make the necessary practical arrangements for the visits to takeplace.

3. The visits shall be conducted by at least two members of theSubcommittee on Prevention. These members can be accompanied, ifneeded, by experts of demonstrated professional experience andknowledge in the fields covered by the present Protocol who shall beselected from a roster of experts prepared on the basis of proposalsmade by the States Parties, the Office of the United Nations HighCommissioner for Human Rights and the United Nations Centre forInternational Crime Prevention. In preparing the roster, the States Partiesconcerned shall propose no more than five national experts. The StateParty concerned may oppose the inclusion of a specific expert in thevisit, whereupon the Subcommittee on Prevention shall propose anotherexpert.

4. If the Subcommittee on Prevention considers it appropriate, it canpropose a short follow-up visit after regular visit.


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Article 14 [powers of the Subcommittee]1. In order to enable the Subcommittee on Prevention to fulfil its

mandate, the States Parties to the present Protocol undertake to grantit:a) Unrestricted access to all information concerning the number ofpersons deprived of their liberty in places of detention as defined inarticle 4, as well as the number of places and their location;b) Unrestricted access to all information referring to the treatment ofthese persons as well as their conditions of detention;c) Subject to paragraph 2, unrestricted access to all places of detentionand their installations and facilities;d) The opportunity to have private interviews with the persons deprivedof their liberty without witnesses, either personally or with a translatorif deemed necessary, as well as with any other person whom theSubcommittee on Prevention believes may supply relevant information;e) The liberty to choose the places it wants to visit and the persons itwants to interview.

2. Objection to a visit to a particular place of detention can only bemade on urgent and compelling grounds of national defence, publicsafety, natural disaster or serious disorder in the place to be visitedwhich temporarily prevent the carrying out of such a visit. The existenceof a declaration of a state of emergency as such shall not be invoked bya State Party as a reason to object to a visit.

Article 15 [prohibition of reprisals]No authority or official shall order, apply, permit or tolerate any

sanction against any person or organization for having communicatedto the Subcommittee on Prevention or to its members any information,whether true or false, and no such person or organization shall beotherwise prejudiced in any way.

Article 16 [reporting by the Subcommittee]1. The Subcommittee on Prevention shall communicate its

recommendations and observations confidentially to the State Partyand, if relevant, to the national mechanism.

2. The Subcommittee on Prevention shall publish its report, togetherwith any comments of the State Party concerned, whenever requestedto do so by that State Party. If the State Party makes part of the reportpublic, the Subcommittee may publish the report in whole or in part.However, no personal data shall be published without the expressconsent of the person concerned.

3. The Subcommittee on Prevention shall present a public annualreport on its activities to the Committee against Torture.

4. If the State Party refuses to cooperate with the Subcommittee onPrevention according to articles 12 and 14, or to take steps to improvethe situation in the light of the Subcommittee’s recommendations, theCommittee against Torture may, at the request of the Subcommittee,decide, by a majority of its members, after the State Party has had anopportunity to make its views known, to make a public statement onthe matter or to publish the Subcommittee’s report.

PART IV NATIONAL PREVENTIVE MECHANISMSArticle 17 [establishment of national preventive mechanism]

Each State Party shall maintain, designate or establish, at the latestone year after the entry into force of the present Protocol or of itsratification or accession, one or several independent national preventivemechanisms for the prevention of torture at the domestic level.Mechanisms established by decentralized units may be designated asnational preventive mechanisms for the purposes of the present Protocol,if they are in conformity with its provisions.

Article 18 [qualifications and requirements]1. The States Parties shall guarantee the functional independence of

the national preventive mechanisms as well as the independence oftheir personnel.

2. The States Parties shall take the necessary measures in order forthe experts of the national mechanism to have the required capabilitiesand professional knowledge. They shall strive for a gender balance andthe adequate representation of ethnic and minority groups in the country.

3. The States Parties undertake to make available the necessaryresources for the functioning of the national preventive mechanisms.

4. When establishing national preventive mechanisms, States Partiesshall give due consideration to the Principles relating to the status andfunctioning of national institutions for the promotion and protection ofhuman rights.

Article 19 [powers of the national preventive mechanism]The national preventive mechanisms shall be granted at least the

powers to:a) Regularly examine the treatment of the persons deprived of theirliberty in places of detention as defined in article 4, with a view tostrengthening, if necessary, their protection from torture, cruel, inhumanor degrading treatment or punishment;b) Make recommendations to the relevant authorities with the aim ofimproving the treatment and the conditions of the persons deprived oftheir liberty and to prevent torture and cruel, inhuman or degradingtreatment or punishment, taking into consideration the relevant normsof the United Nations;c) Submit proposals and observations concerning existing or draftlegislation.

Article 20 [obligations of the States Parties]In order to enable the national preventive mechanisms to fulfil their

mandate, the States Parties to the present Protocol undertake to grantthem:a) Access to all information concerning the number of persons deprivedof their liberty in places of detention as defined in article 4, as well asthe number of places and their location;b) Access to all information referring to the treatment of these personsas well as their conditions of detention;c) Access to all places of detention and their installations and facilities;d) The opportunity to have private interviews with the persons deprivedof their liberty without witnesses, either personally or with a translatorif deemed necessary, as well as with any other person whom the nationalpreventive mechanism believes may supply relevant information;e) The liberty to choose the places they want to visit and the personsthey want to interview;f) The right to have contacts with the Subcommittee on Prevention, tosend it information and to meet with it.

Article 21 [prohibition of reprisals]1. No authority or official shall order, apply, permit or tolerate any

sanction against any person or organization for having communicatedto the national preventive mechanism any information, whether true orfalse, and no such person or organization shall be otherwise prejudicedin any way.

2. Confidential information collected by the national preventivemechanism shall be privileged. No personal data shall be publishedwithout the express consent of the person concerned.

Article 22 [follow-up on recommendations]The competent authorities of the State Party concerned shall examine

the recommendations of the national preventive mechanism and enterinto a dialogue with it on possible implementation measures.

Article 23 [publication and information]The States Parties to the present Protocol undertake to publish and

disseminate the annual reports of the national preventive mechanisms.

PART V DECLARATIONArticle 24 [postponement of application of part of protocol]

1. Upon ratification, States Parties can make a declaration postponingthe implementation of their obligations either under Part III or underPart IV of the present Protocol.

2. This postponement shall be valid for a maximum of three years.After due representations made by the State Party and after consultationwith the Subcommittee on Prevention, the Committee against Torturemay extend this period for an additional two-year period.


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PART VI FINANCIAL PROVISIONSArticle 25 [Subcommittee costs to be charged to UN budget]

1. The expenditure incurred by the Subcommittee on Prevention inthe implementation of the present Protocol shall be borne by the UnitedNations.

2. The Secretary-General of the United Nations shall provide thenecessary staff and facilities for the effective performance of thefunctions of the Subcommittee under the present Protocol.

Article 26 [special fund to assist implementation]1. A Special Fund shall be set up in accordance with the relevant

procedures of the General Assembly, to be administered in accordancewith the financial regulations and rules of the United Nations, to helpfinance the implementation of the recommendations made by theSubcommittee on Prevention to a State Party after a visit, as well aseducation programmes of the national preventive mechanisms.

2. The Special Fund may be financed through voluntary contributionsmade by Governments, intergovernmental and non-governmentalorganizations and other private or public entities.

PART VII FINAL PROVISIONSArticle 27 [signature, etc.]

1. The present Protocol is open for signature by any State which hassigned the Convention.

2. The present Protocol is subject to ratification by any State whichhas ratified or acceded to the Convention. Instruments of ratificationshall be deposited with the Secretary-General of the United Nations.

3. The present Protocol shall be open to accession by any State whichhas ratified or acceded to the Convention.


5. The Secretary-General of the United Nations shall inform all Stateswhich have signed the present Protocol or acceded to it of the depositof each instrument of ratification or accession.

Article 28 [entry into force]1. The present Protocol shall enter into force on the thirtieth day

after the date of deposit with the Secretary-General of the United Nationsof the twentieth instrument of ratification or accession.

2. For each State ratifying the present Protocol or acceding to itafter the deposit with the Secretary-General of the United Nations ofthe twentieth instrument of ratification or accession, the present Protocolshall enter into force on the thirtieth day after the date of the deposit ofits own instrument of ratification or accession.



Article 30 [no reservations permitted]No reservations shall be made to the present Protocol.

Article 31 [relation with other relevant conventions]The provisions of the present Protocol shall not affect the obligations

of States Parties under any regional convention instituting a system ofvisits to places of detention. The Subcommittee on Prevention and thebodies established under such regional conventions are encouraged toconsult and cooperate with a view to avoiding duplication and promotingeffectively the objectives of the present Protocol.

Article 32 [role of the Geneva Conventions]The provisions of the present Protocol shall not affect the obligations

of States Parties to the four Geneva Conventions of 12 August 1949and the Additional Protocols thereto of 8 June 1977, or the opportunityavailable to any State Party to authorize the International Committeeof the Red Cross to visit places of detention in situations not coveredby international humanitarian law.


by written notification addressed to the Secretary-General of the UnitedNations, who shall thereafter inform the other States Parties to thepresent Protocol and the Convention. Denunciation shall take effectone year after the date of receipt of the notification by the Secretary-General.

2. Such a denunciation shall not have the effect of releasing the StateParty from its obligations under the present Protocol in regard to anyact or situation which occurs prior to the date at which the denunciationbecomes effective, or to the actions that the Subcommittee on Preventionhas decided or may decide to adopt with respect to the State Partyconcerned, nor shall denunciation prejudice in any way the continuedconsideration of any matter which is already under consideration bythe Subcommittee on Prevention prior to the date at which thedenunciation becomes effective.

3. Following the date at which the denunciation of the State Partybecomes effective, the Subcommittee on Prevention shall not commenceconsideration of any new matter regarding that State.

Article 34 [amendments]1. Any State Party to the present Protocol may propose an amendment

and file it with the Secretary-General of the United Nations. TheSecretary-General shall thereupon communicate the proposedamendment to the States Parties to the present Protocol with a requestthat they notify him whether they favour a conference of States Partiesfor the purpose of considering and voting upon the proposal. In theevent that within four months from the date of such communication atleast one third of the States Parties favour such a conference, theSecretary-General shall convene the conference under the auspices ofthe United Nations. Any amendment adopted by a majority of two thirdsof the States Parties present and voting at the conference shall besubmitted by the Secretary-General to all States Parties for acceptance.

2. An amendment adopted in accordance with paragraph 1 of thepresent article shall come into force when it has been accepted by atwo-thirds majority of the States Parties to the present Protocol inaccordance with their respective constitutional process.

3. When amendments come into force, they shall be binding on thoseStates Parties which have accepted them, other States Parties still beingbound by the provisions of the present Protocol and any earlieramendment which they have accepted.

Article 35 [privileges and immunities]Members of the Subcommittee on Prevention and of the national

preventive mechanisms shall be accorded such privileges andimmunities as are necessary for the independent exercise of theirfunctions. Members of the Subcommittee shall be accorded theprivileges and immunities specified in section 22 of the Convention onPrivileges and Immunities of the United Nations of 13 February 1946,subject to the provisions of section 23 of that Convention.

Article 36 [respect for applicable laws and rules]When visiting a State Party the members of the Subcommittee on

Prevention shall, without prejudice to the provisions and purposes ofthe present Protocol and such privileges and immunities as they mayenjoy:

(a) Respect the laws and regulations of the visited State; and(b) Refrain from any action or activity incompatible with the impartial

and international nature of their duties.

Article 37 [languages, depository]1. The present Protocol, of which the Arabic, Chinese, English,

French, Russian and Spanish texts are equally authentic, shall bedeposited with the Secretary-General of the United Nations.

2. The Secretary-General of the United Nations shall transmitcertified copies of the present Protocol to all States.


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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 dignityand of the equal and inalienable rights of all members of the humanfamily is the foundation of freedom, justice and peace in the world,

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

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

Recalling that, in the Universal Declaration of Human Rights, theUnited Nations has proclaimed that childhood is entitled to special careand assistance,

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

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

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

Bearing in mind that the need to extend particular care to the childhas been stated in the Geneva Declaration of the Rights of the Child of1924 and in the Declaration of the Rights of the Child adopted by theGeneral Assembly on 20 November 1959 and recognized in theUniversal Declaration of Human Rights, in the International Covenanton Civil and Political Rights (in particular in articles 23 and 24), in theInternational Covenant on Economic, Social and Cultural Rights (inparticular in article 10) and in the statutes and relevant instruments ofspecialized agencies and international organizations. concerned withthe welfare of children,

Bearing in mind that, as indicated in the Declaration of the Rights ofthe Child, “the child, by reason of his physical and mental immaturity,needs special safeguards and care, including appropriate legalprotection, before as well as after birth”,

Recalling the provisions of the Declaration on Social and LegalPrinciples relating to the Protection and Welfare of Children, withSpecial Reference to Foster Placement and Adoption Nationally andInternationally; the United Nations Standard Minimum Rules for theAdministration of Juvenile Justice (The Beijing Rules); and theDeclaration on the Protection of Women and Children in Emergencyand Armed Conflict,

Recognizing that, in all countries in the world, there are childrenliving in exceptionally difficult conditions, and that such children needspecial consideration,

Taking due account of the importance of the traditions and culturalvalues of each people for the protection and harmonious developmentof the child,

Recognizing the importance of international co-operation forimproving the living conditions of children in every country, inparticular in the developing countries,


1 B.5 CONVENTION ON THE RIGHTS OF THE CHILD

-adopted by the UN General Assembly in resolution 44/25 of 20 November 1989 at New York-opened for signature and ratification on 26 January 1990-entered into force on 2 September 1990-ratifications, etc.: 192 as per 15 July 2004


PART I [STANDARDS]Article 1 [definition]

For the purposes of the present Convention, a child means everyhuman being below the age of eighteen years unless, under the lawapplicable to the child, majority is attained earlier,

Article 2 [prohibition of discrimination]1. States Parties shall respect and ensure the rights set forth in the

present Convention to each child within their jurisdiction withoutdiscrimination of any kind, irrespective of the child’s or his or herparent’s or legal guardian’s race, colour, sex, language, religion, politicalor other opinion, national, ethnic or social origin, property, disability,birth or other status,

2. States Parties shall take all appropriate measures to ensure thatthe child is protected against all forms of discrimination or punishmenton the basis of the status, activities, expressed opinions, or beliefs ofthe child’s parents, legal guardians, or family members.

Article 3 [best interests of the child]1. In all actions concerning children, whether undertaken by public

or private social welfare institutions, courts of law, administrativeauthorities or legislative bodies, the best interests of the child shall bea primary consideration.

2. States Parties undertake to ensure the child such protection andcare as is necessary for his or her well-being, taking into account therights and duties of his or her parents, legal guardians, or otherindividuals legally responsible for him or her, and to this end, shalltake all appropriate legislative and administrative measures.

3. States Parties shall ensure that the institutions, services andfacilities responsible for the care or protection of children shall conformwith the standards established by competent authorities, particularly inthe areas of safety, health, in the number and suitability of their staff,as well as competent supervision.

Article 4 [implementation]States Parties shall undertake all appropriate legislative, adminis-

trative, and other measures for the implementation of the rights recog-nized in the present Convention, With regard to economic, social andcultural rights, States Parties shall undertake such measures to the maxi-mum extent of their available resources and, where needed, within theframework of international co-operation,

Article 5 [rights and duties of parents]States Parties shall respect the responsibilities, rights and duties of

parents or, where applicable, the members of the extended family orcommunity as provided for by local custom, legal guardians or otherpersons legally responsible for the child, to provide, in a mannerconsistent with the evolving capacities of the child, appropriate directionand guidance in the exercise by the child of the rights recognized in thepresent Convention.

Article 6 [right to life]1. States Parties recognize that every child has the inherent right to

life,2. States Parties shall ensure to the maximum extent possible the

survival and development of the child,

Article 7 [right to name and nationality]1. The child shall be registered immediately after birth and shall

have the right from birth to a name, the right to acquire a nationalityand, as far as possible, the right to know and be cared for by his or herparents.


2. States Parties shall ensure the implementation of these rights inaccordance with their national law and their obligations under therelevant international instruments in this field, in particular where thechild would otherwise be stateless.

Article 8 [right to the preservation of identity]1. States Parties undertake to respect the right of the child to preserve

his or her identity, including nationality, name and family relations asrecognized by law without unlawful interference.

2. Where a child is illegally deprived of some or all of the elementsof his or her identity, States Parties shall provide appropriate assistanceand protection, with a view to speedily re-establishing his or her identity.

Article 9 [separation from parents]1. States Parties shall ensure that a child shall not be separated from

his or her parents against their will, except when competent authoritiessubject to judicial review determine, in accordance with applicable lawand procedures, that such separation is necessary for the best interestsof the child. Such determination may be necessary in a particular casesuch as one involving abuse or neglect of the child by the parents, orone where the parents are living separately and a decision must be madeas to the child’s place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article,all interested parties shall be given an opportunity to participate in theproceedings and make their views known.

3. States Parties shall respect the right of the child who is separatedfrom one or both parents to maintain personal relations and direct contactwith both parents on a regular basis, except if it is contrary to the child’sbest interests.

4. Where such separation results from any action initiated by a StateParty, such as the detention, imprisonment, exile, deportation or death(including death arising from any cause while the person is in thecustody of the State) of one or both parents or of the child, that StateParty shall, upon request, provide the parents, the child or, if appropriate,another member of the family with the essential information concerningthe whereabouts of the absent member(s) of the family unless theprovision of the information would be detrimental to the well-being ofthe child. States Parties shall further ensure that the submission of sucha request shall of itself entail no adverse consequences for the person(s)concerned.

Article 10 [family reunification]1. In accordance with the obligation of States Parties under article 9,

paragraph 1, applications by a child or his or her parents to enter orleave a State Party for the purpose of family reunification shall be dealtwith by States Parties in a positive, humane and expeditious manner.States Parties shall further ensure that the submission of such a requestshall entail no adverse consequences for the applicants and for themembers of their family.

2. A child whose parents reside in different States shall have theright to maintain on a regular basis, save in exceptional circumstances,personal relations and direct contacts with both parents. Towards thatend and in accordance with the obligations of States Parties under article9, paragraph 1, States Parties shall respect the right of the child and hisor her parents to leave any country, including their own, and to entertheir own country. The right to leave any country shall be subject onlyto such restrictions as are prescribed by law and which are necessary toprotect the national security, public order (ordre public), public healthor morals or the rights and freedoms of others and are consistent withthe other rights recognized in the present Convention.

Article 11 [illicit transfer and non-return]1. States Parties shall take measures to combat the illicit transfer

and non-return of children abroad.2. To this end, States Parties shall promote the conclusion of bilateral

or multilateral agreements or accession to existing agreements.

Article 12 [the right of child to express opinion]1. States Parties shall assure to the child who is capable of forming

his or her own views the right to express those views freely in all mattersaffecting the child, the views of the child being given due weight inaccordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be provided theopportunity to be heard in any judicial and administrative proceedingsaffecting the child, either directly, or through a representative or anappropriate body, in a manner consistent with the procedural rules ofnational law.

Article 13 [freedom of expression]1. The child shall have the right to freedom of expression; this right

shall include freedom to seek, receive and impart information and ideasof all kinds, regardless of frontiers, either orally, in writing or in print,in the form of art, or through any other media of the child’s choice.

2. The exercise of this right may be subject to certain restrictions,but these shall only be such as are provided by law and are necessary:a) For respect of the rights or reputation of others; orb) For the protection of national security or of public order (ordrepublic), or of public health or morals.

Article 14 [freedom of thought, conscience and religion]1. States Parties shall respect the right of the child to freedom of

thought, conscience and religion.2. States Parties shall respect the rights and duties of the parents

and, when applicable, legal guardians, to provide direction to the childin the exercise of his or her right in a manner consistent with the evolvingcapacities of the child.

3. Freedom to manifest one’s religion or beliefs may be subject onlyto such limitations as are prescribed by law and are necessary to protectpublic safety, order, health or morals, or the fundamental rights andfreedoms of others.

Article 15 [freedom of association and peaceful assembly]1. States Parties recognize the rights of the child to freedom of

association and to freedom of peaceful assembly.2. No restrictions may be placed on the exercise of these rights other

than those imposed in conformity with the law and which are necessaryin a democratic society in the interests of national security or publicsafety, public order (ordre public), the protection of public health ormorals or the protection of the rights and freedoms of others.

Article 16 [protection of privacy]1. No child shall be subjected to arbitrary or unlawful interference

with his or her privacy, family, home or correspondence, nor to unlawfulattacks on his or her honour and reputation.

2. The child has the right to the protection of the law against suchinterference or attacks.

Article 17 [access to information]States Parties recognize the important function performed by the

mass media and shall ensure that the child has access to informationand material from a diversity of national and international sources,especially those aimed at the promotion of his or her social, spiritualand moral well-being and physical and mental health. To this end, StatesParties shall:a) Encourage the mass media to disseminate information and materialof social and cultural benefit to the child and in accordance with thespirit of article 29;b) Encourage international co-operation in the production, exchangeand dissemination of such information and material from a diversity ofcultural, national and international sources;c) Encourage the production and dissemination of children’s books;d) Encourage the mass media to have particular regard to the linguisticneeds of the child who belongs to a minority group or who is indigenous;e) Encourage the development of appropriate guidelines for theprotection of the child from information and material injurious to hisor her well-being, bearing in mind the provisions of articles 13 and 18.

Article 18 [responsibility of parents]1. States Parties shall use their best efforts to ensure recognition of

the principle that both parents have common responsibilities for theupbringing and development of the child. Parents or, as the case maybe, legal guardians, have the primary responsibility for the upbringingand development of the child. The best interests of the child will betheir basic concern,

36 1 B.5 CONVENTION ON THE RIGHTS OF THE CHILD

2. For the purpose of guaranteeing and promoting the rights set forthin the present Convention, States Parties shall render appropriateassistance to parents and legal guardians in the performance of theirchild-rearing responsibilities and shall ensure the development ofinstitutions, facilities and services for the care of children.

3. States Parties shall take all appropriate measures to ensure thatchildren of working parents have the right to benefit from child-careservices and facilities for which they are eligible.

Article 19 [protection from abuse or neglect]1. States Parties shall take all appropriate legislative, administrative,

social and educational measures to protect the child from all forms ofphysical or mental violence, injury or abuse, neglect or negligenttreatment, maltreatment or exploitation, including sexual abuse, whilein the care of parent(s), legal guardian(s) or any other person who hasthe care of the child.

2. Such protective measures should, as appropriate, include effectiveprocedures for the establishment of social programmes to providenecessary support for the child and for those who have the care of thechild, as well as for other forms of prevention and for identification,reporting, referral, investigation, treatment and follow-up of instancesof child maltreatment described heretofore, and, as appropriate, forjudicial involvement.

Article 20 [alternative special protection and care]1. A child temporarily or permanently deprived of his or her family

environment, or in whose own best interests cannot be allowed to remainin that environment, shall be entitled to special protection and assistanceprovided by the State.

2. States Parties shall in accordance with their national laws ensurealternative care for such a child.

3. Such care could include, inter alia , foster placement, kafalah ofIslamic law, adoption or, if necessary, placement in suitable institutionsfor the care of children. When considering solutions, due regard shallbe paid to the desirability of continuity in a child’s upbringing and tothe child’s ethnic, religious, cultural and linguistic background.

Article 21 [adoption]States Parties that recognize and/or permit the system of adoption

shall ensure that the best interests of the child shall be the paramountconsideration and they shall:a) Ensure that the adoption of a child is authorized only by competentauthorities who determine, in accordance with applicable law andprocedures and on the basis of all pertinent and reliable information,that the adoption is permissible in view of the child’s status concerningparents, relatives and legal guardians and that, if required, the personsconcerned have given their informed consent to the adoption on thebasis of such counselling as may be necessary;b) Recognize that inter-country adoption may be considered as analternative means of child’s care, if the child cannot be placed in afoster or an adoptive family or cannot in any suitable manner be caredfor in the child’s country of origin;c) Ensure that the child concerned by inter-country adoption enjoyssafeguards and standards equivalent to those existing in the case ofnational adoption;d) Take all appropriate measures to ensure that, in inter-countryadoption, the placement does not result in improper financial gain forthose involved in it;e) Promote, where appropriate, the objectives of the present article byconcluding bilateral or multilateral arrangements or agreements, andendeavour, within this framework, to ensure that the placement of thechild in another country is carried out by competent authorities ororgans.

Article 22 [refugee children]1. States Parties shall take appropriate measures to ensure that a

child who is seeking refugee status or who is considered a refugee inaccordance with applicable international or domestic law and proceduresshall, whether unaccompanied or accompanied by his or her parents orby any other person, receive appropriate protection and humanitarianassistance in the enjoyment of applicable rights set forth in the presentConvention and in other international human rights or humanitarianinstruments to which the said States are Parties.

2. For this purpose, States Parties shall provide, as they considerappropriate, co-operation in any efforts by the United Nations and othercompetent intergovernmental organizations or non-governmentalorganizations co-operating with the United Nations to protect and assistsuch a child and to trace the parents or other members of the family ofany refugee child in order to obtain information necessary forreunification with his or her family. In cases where no parents or othermembers of the family can be found, the child shall be accorded thesame protection as any other child permanently or temporarily deprivedof his or her family environment for any reason, as set forth in thepresent Convention.

Article 23 [handicapped and disabled]1. States Parties recognize that a mentally or physically disabled

child should enjoy a full and decent life, in conditions which ensuredignity, promote self-reliance and facilitate the child’s activeparticipation in the community.

2. States Parties recognize the right of the disabled child to specialcare and shall encourage and ensure the extension, subject to availableresources, to the eligible child and those responsible for his or her care,of assistance for which application is made and which is appropriate tothe child’s condition and to the circumstances of the parents or otherscaring for the child.

3. Recognizing the special needs of a disabled child, assistanceextended in accordance with paragraph 2 of the present article shall beprovided free of charge, whenever possible, taking into account thefinancial resources of the parents or others caring for the child, andshall be designed to ensure that the disabled child has effective accessto and receives education, training, health care services, rehabilitationservices, preparation for employment and recreation opportunities in amanner conducive to the child’s achieving the fullest possible socialintegration and individual development, including his or her culturaland spiritual development.

4. States Parties shall promote, in the spirit of international co-operation, the exchange of appropriate information in the field ofpreventive health care and of medical, psychological and functionaltreatment of disabled children, including dissemination of and accessto information concerning methods of rehabilitation, education andvocational services, with the aim of enabling States Parties to improvetheir capabilities and skills and to widen their experience in these areas.In this regard, particular account shall be taken of the needs ofdeveloping countries.

Article 24 [right to health]1. States Parties recognize the right of the child to the enjoyment of

the highest attainable standard of health and to facilities for the treatmentof illness and rehabilitation of health. States Parties shall strive to ensurethat no child is deprived of his or her right of access to such health careservices.

2. States Parties shall pursue full implementation of this right and,in particular, shall take appropriate measures:a) To diminish infant and child mortality,b) To ensure the provision of necessary medical assistance and healthcare to all children with emphasis on the development of primary healthcare;c) To combat disease and malnutrition, including within the frameworkof primary health care, through, inter alia, the application of readilyavailable technology and through the provision of adequate nutritiousfoods and clean drinking-water, taking into consideration the dangersand risks of environmental pollution;d) To ensure appropriate pre-natal and post-natal health care formothers:e) To ensure that all segments of society, in particular parents andchildren, are informed, have access to education and are supported inthe use of basic knowledge of child health and nutrition, the advantagesof breast-feeding, hygiene and environmental sanitation and theprevention of accidents;f) To develop preventive health care, guidance for parents and familyplanning education and services.

3. States Parties shall take all effective and appropriate measureswith a view to abolishing traditional practices prejudicial to the healthof children.


4. States Parties undertake to promote and encourage internationalco-operation with a view to achieving progressively the full realizationof the right recognized in the present article, In this regard, particularaccount shall be taken of the needs of developing countries.

Article 25 [periodic review of placement]States Parties recognize the right of a child who has been placed by

the competent authorities for the purposes of care, protection ortreatment of his or her physical or mental health, to a periodic reviewof the treatment provided to the child and all other circumstancesrelevant to his or her placement.

Article 26 [right to social security]1. States Parties shall recognize for every child the right to benefit

from social security, including social insurance, and shall take thenecessary measures to achieve the full realization of this right inaccordance with their national law.

2. The benefits should, where appropriate, be granted, taking intoaccount the resources and the circumstances of the child and personshaving responsibility for the maintenance of the child, as well as anyother consideration relevant to an application for benefits made by oron behalf of the child,

Article 27 [right to an adequate standard of living]1. States Parties recognize the right of every child to a standard of

living adequate for the child’s physical, mental, spiritual, moral andsocial development.

2. The parent(s) or others responsible for the child have the primaryresponsibility to secure, within their abilities and financial capacities,the conditions of living necessary for the child’s development.

3. States Parties, in accordance with national conditions and withintheir means, shall take appropriate measures to assist parents and othersresponsible for the child to implement this right and shall in case ofneed provide material assistance and support programmes, particularlywith regard to nutrition, clothing and housing.

4. States Parties shall take all appropriate measures to secure therecovery of maintenance for the child from the parents or other personshaving financial responsibility for the child, both within the State Partyand from abroad. In particular, where the person having financialresponsibility for the child lives in a State different from that of thechild, States Parties shall promote the accession to internationalagreements or the conclusion of such agreements, as well as the makingof other appropriate arrangements.

Article 28 [right to education]1. States Parties recognize the right of the child to education, and

with a view to achieving this right progressively and on the basis ofequal opportunity, they shall, in particular:a) Make primary education compulsory and available free to all;b) Encourage the development of different forms of secondaryeducation, including general and vocational education, make themavailable and accessible to every child, and take appropriate measuressuch as the introduction of free education and offering financialassistance in case of need;c) Make higher education accessible to all on the basis of capacity byevery appropriate means;d) Make educational and vocational information and guidance availableand accessible to all children;e) Take measures to encourage regular attendance at schools and thereduction of drop-out rates.

2. States Parties shall take all appropriate measures to ensure thatschool discipline is administered in a manner consistent with the child’shuman dignity and in conformity with the present Convention.

3. States Parties shall promote and encourage international co-operation in matters relating to education, in particular with a view tocontributing to the elimination of ignorance and illiteracy throughoutthe world and facilitating access to scientific and technical knowledgeand modern teaching methods. ln this regard, particular account shallbe taken of the needs of developing countries.

Article 29 [purposes of education]1. States Parties agree that the education of the child shall be directed

to:a) The development of the child’s personality, talents and mental andphysical abilities to their fullest potential;b) The development of respect for human rights and fundamentalfreedoms, and for the principles enshrined in the Charter of the UnitedNations;c) The development of respect for the child’s parents, his or her owncultural identity, language and values, for the national values of thecountry in which the child is living, the country from which he or shemay originate, and for civilizations different from his or her own;d) The preparation of the child for responsible life in a free society, inthe spirit of understanding, peace, tolerance, equality of sexes, andfriendship among all peoples, ethnic, national and religious groups andpersons of indigenous origin;e) The development of respect for the natural environment.

2. No part of the present article or Article 28 shall be construed so asto interfere with the liberty of individuals and bodies to establish anddirect educational institutions, subject always to the observance of theprinciples set forth in paragraph 1 of the present article and to therequirements that the education given in such institutions shall conformto such minimum standards as may be laid down by the State.

Article 30 [minorities and indigenous children]In those States in which ethnic, religious or linguistic minorities or

persons of indigenous origin exist, a child belonging to such a minorityor who is indigenous shall not be denied the right, in community withother members of his or her group, to enjoy his or her own culture, toprofess and practise his or her own religion, or to use his or her ownlanguage.

Article 31 [right to leisure, rest and culture]1. States Parties recognize the right of the child to rest and leisure,

to engage in play and recreational activities appropriate to the age ofthe child and to participate freely in cultural life and the arts.

2. States Parties shall respect and promote the right of the child toparticipate fully in cultural and artistic life and shall encourage theprovision of appropriate and equal opportunities for cultural, artistic,recreational and leisure activity.

Article 32 [prohibition of child labour]1. States Parties recognize the right of the child to be protected from

economic exploitation and from performing any work that is likely tobe hazardous or to interfere with the child’s education, or to be harmfulto the child’s health or physical, mental, spiritual, moral or socialdevelopment.

2. States Parties shall take legislative, administrative, social andeducational measures to ensure the implementation of the present article.To this end, and having regard to the relevant provisions of otherinternational instruments, States Parties shall in particular:a) Provide for a minimum age or minimum ages for admission toemployment;b) Provide for appropriate regulation of the hours and conditions ofemployment;c) Provide for appropriate penalties or other sanctions to ensure theeffective enforcement of the present article.

Article 33 [drug abuse]States Parties shall take all appropriate measures, including

legislative, administrative, social and educational measures, to protectchildren from the illicit use of narcotic drugs and psychotropicsubstances as defined in the relevant international treaties, and to preventthe use of children in the illicit production and trafficking of suchsubstances,

Article 34 [prohibition of sexual exploitation]States Parties undertake to protect the child from all forms of sexual

exploitation and sexual abuse. For these purposes, States Parties shallin particular take all appropriate national, bilateral and multilateralmeasures to prevent:a) The inducement or coercion of a child to engage in any unlawfulsexual activity;

38 1 B.5 CONVENTION ON THE RIGHTS OF THE CHILD

b) The exploitative use of children in prostitution or other unlawfulsexual practices;c) The exploitative use of children in pornographic performances andmaterials.

Article 35 [prohibition of trafficking]States Parties shall take all appropriate national, bilateral and

multilateral measures to prevent the abduction of, the sale of or trafficin children for any purpose or in any form.

Article 36 [prohibition of exploitation]States Parties shall protect the child against all other forms of

exploitation prejudicial to any aspects of the child’s welfare.

Article 37 [prohibition of torture and inhumane treatment]States Parties shall ensure that:

a) No child shall be subjected to torture or other cruel, inhuman ordegrading treatment or punishment. Neither capital punishment nor lifeimprisonment without possibility of release shall be imposed foroffences committed by persons below eighteen years of age;b) No child shall be deprived of his or her liberty unlawfully orarbitrarily. The arrest, detention or imprisonment of a child shall be inconformity with the law and shall be used only as a measure of lastresort and for the shortest appropriate period of time;c) Every child deprived of liberty shall be treated with humanity andrespect for the inherent dignity of the human person, and in a mannerwhich takes into account the needs of persons of his or her age. Inparticular, every child deprived of liberty shall be separated from adultsunless it is considered in the child’s best interest not to do so and shallhave the right to maintain contact with his or her family throughcorrespondence and visits, save in exceptional circumstances;d) Every child deprived of his or her liberty shall have the right toprompt access to legal and other appropriate assistance, as well as theright to challenge the legality of the deprivation of his or her libertybefore a court or other competent, independent and impartial authority,and to a prompt decision on any such action.

Article 38 [armed conflicts]1. States Parties undertake to respect and to ensure respect for rules

of international humanitarian law applicable to them in armed conflictswhich are relevant to the child.

2. States Parties shall take all feasible measures to ensure that personswho have not attained the age of fifteen years do not take a direct partin hostilities.

3. States Parties shall refrain from recruiting any person who hasnot attained the age of fifteen years into their armed forces. In recruitingamong those persons who have attained the age of fifteen years butwho have not attained the age of eighteen years, States Parties shallendeavour to give priority to those who are oldest.

4. In accordance with their obligations under internationalhumanitarian law to protect the civilian population in armed conflicts,States Parties shall take all feasible measures to ensure protection andcare of children who are affected by an armed conflict.

Article 39 [rehabilitative care]States Parties shall take all appropriate measures to promote physical

and psychological recovery and social reintegration of a child victimof: any form of neglect, exploitation, or abuse; torture or any otherfrom of cruel, inhuman or degrading treatment or punishment; or armedconflicts. Such recovery and reintegration shall take place in anenvironment which fosters the health, self-respect and dignity of thechild.

Article 40 [right to a fair trial and juvenile justice]1. States Parties recognize the right of every child alleged as, accused

of, or recognized as having infringed the penal law to be treated in amanner consistent with the promotion of the child’s sense of dignityand worth, which reinforces the child’s respect for the human rightsand fundamental freedoms of others and which takes into account thechild’s age and the desirability of promoting the child’s reintegrationand the child’s assuming a constructive role in society.

2. To this end, and having regard to the relevant provisions ofinternational instruments, States Parties shall, in particular, ensure that:

a) No child shall be alleged as, be accused of, or recognized as havinginfringed the penal law by reason of acts or omissions that were notprohibited by national or international law at the time they werecommitted;b) Every child alleged as or accused of having infringed the penal lawhas at least the following guarantees:i) To be presumed innocent until proven guilty according to law;ii) To be informed promptly and directly of the charges against him or

her, and, if appropriate, through his or her parents or legal guardians,and to have legal or other appropriate assistance in the preparationand presentation of his or her defence;

iii) To have the matter determined without delay by a competent,independent and impartial authority or judicial body in a fair hearingaccording to law, in the presence of legal or other appropriateassistance and, unless it is considered not to be in the best interestof the child, in particular, taking into account his or her age orsituation, his of her parents or legal guardians;

iv) Not to be compelled to give testimony or to confess guilt; to examineor have examined adverse witnesses and to obtain the participationand examination of witnesses on his or her behalf under conditionsof equality;

v) If considered to have infringed the penal law, to have this decisionand any measures imposed in consequence thereof reviewed by ahigher competent, independent and impartial authority or judicialbody according to law;

vi) To have the free assistance of an interpreter if the child cannotunderstand or speak the language used;

vii) To have his or her privacy fully respected at all stages of theproceedings.

3. States Parties shall seek to promote the establishment of laws,procedures, authorities and institutions specifically applicable tochildren alleged as, accused of, or recognized as having infringed thepenal law, and, in particular:a) The establishment of a minimum age below which children shall bepresumed not to have the capacity to infringe the penal law;b) Whenever appropriate and desirable, measures for dealing with suchchildren without resorting to judicial proceedings, providing that humanrights and legal safeguards are fully respected.

4. A variety of dispositions, such as care, guidance and supervisionorders; counselling; probation; foster care; education and vocationaltraining programmes and other alternatives to institutional care shallbe available to ensure that children are dealt with in a manner appropriateto their well-being and proportionate both to their circumstances andthe offence.

Article 41 [respect for existing standards]Nothing in the present Convention shall affect any provisions which

are more conducive to the realization of the rights of the child andwhich may be contained in:a) The law of a State Party; orb) International law in force for that State.

PART II [SUPERVISION AND IMPLEMENTATION]Article 42 [promotion of convention]

States Parties undertake to make the principles and provisions of theConvention widely known, by appropriate and active means, to adultsand children alike.

Article 43 [CRC-Committee]1. For the purpose of examining the progress made by States Parties

in achieving the realization of the obligations undertaken in the presentConvention, there shall be established a Committee on the Rights ofthe Child, which shall carry out the functions hereinafter provided.

2. The Committee shall consist of ten experts of high moral standingand recognized competence in the field covered by this Convention.The members of the Committee shall be elected by States Parties fromamong their nationals and shall serve in their personal capacity,consideration being given to equitable geographical distribution, as wellas to the principal legal systems.

3. The members of the Committee shall be elected by secret ballotfrom a list of persons nominated by States Parties. Each State Partymay nominate one person from among its own nationals.


4. The initial election to the Committee shall be held no later thansix months after the date of the entry into force of the present Conventionand thereafter every second year. At least four months before the dateof each election, the Secretary-General of the United Nations shalladdress a letter to States Parties inviting them to submit theirnominations within two months. The Secretary-General shallsubsequently prepare a list in alphabetical order of all persons thusnominated, indicating State Parties which have nominated them, andshall submit it to the States Parties to the present Convention.

5. The elections shall be held at meetings of States Parties convenedby the Secretary-General at United Nations Headquarters. At thosemeetings, for which two thirds of States Parties shall constitute aquorum, the persons elected to the Committee shall be those who obtainthe largest number of votes and an absolute majority of the votes of therepresentatives of States Parties present and voting.

6. The members of the Committee shall be elected for a term of fouryears. They shall be eligible for re-election if renominated. The termof five of the members elected at the first election shall expire at theend of two years; immediately after the first election, the names ofthese five members shall be chosen by lot by the Chairman of themeeting.

7. If a member of the Committee dies or resigns or declares that forany other cause he or she can no longer perform the duties of theCommittee, the State Party which nominated the member shall appointanother expert from among its nationals to serve for the remainder ofthe term, subject to the approval of the Committee.

8. The Committee shall establish its own rules of procedure.9. The Committee shall elect its officers for a period of two years.10. The meetings of the Committee shall normally be held at United

Nations Headquarters or at any other convenient place as determinedby the Committee. The Committee shall normally meet annually. Theduration of the meetings of the Committee shall be determined, andreviewed, if necessary, by a meeting of the States Parties to the presentConvention, subject to the approval of the General Assembly.

11. The Secretary-General of the United Nations shall provide thenecessary staff and facilities, for the effective performance of thefunctions of the Committee under the present Convention.

12. With the approval of the General Assembly, the members of theCommittee established under the present Convention shall receiveemoluments from United Nations resources on such terms andconditions as the Assembly may decide.

Article 44 [reporting by States Parties]1. States Parties undertake to submit to the Committee, through the

Secretary-General of the United Nations, reports on the measures theyhave adopted which give effect to the rights recognized herein and onthe progress made on the enjoyment of those rights:a) Within two years of the entry into force of the Convention for theState Party concerned;b) Thereafter every five years.

2. Reports made under the present article shall indicate factors anddifficulties, if any, affecting the degree of fulfilment of the obligationsunder the present Convention. Reports shall also contain sufficientinformation to provide the Committee with a comprehensiveunderstanding of the implementation of the Convention in the countryconcerned.

3. A State Party which has submitted a comprehensive initial reportto the Committee need not, in its subsequent reports submitted inaccordance with paragraph l (b) of the present article, repeat basicinformation previously provided.

4. The Committee may request from States Parties further informationrelevant to the implementation of the Convention.

5. The Committee shall submit to the General Assembly, throughthe Economic and Social Council, every two years, reports on itsactivities.

6. States Parties shall make their reports widely available to the publicin their own countries.

Article 45 [co-operation within the UN system]In order to foster the effective implementation of the Convention

and to encourage international co-operation in the field covered by theConvention:a) The specialized agencies, the United Nations Children’s Fund, andother United Nations organs shall be entitled to be represented at the

consideration of the implementation of such provisions of the presentConvention as fall within the scope of their mandate. The Committeemay invite the specialized agencies, the United Nations Children’s Fundand other competent bodies as it may consider appropriate to provideexpert advice on the implementation of the Convention in areas fallingwithin the scope of their respective mandates. The Committee mayinvite the specialized agencies, the United Nations Children’s Fund,and other United Nations organs to submit reports on the implementationof the Convention in areas falling within the scope of their activities;b) The Committee shall transmit, as it may consider appropriate, to thespecialized agencies, the United Nations Children’s Fund and othercompetent bodies, any reports from States Parties that contain a request,or indicate a need, for technical advice or assistance, along with theCommittee’s observations and suggestions, if any, on these requests orindications;c) The Committee may recommend to the General Assembly to requestthe Secretary-General to undertake on its behalf studies on specificissues relating to the rights of the child;d) The Committee may make suggestions and general recommendationsbased on information received pursuant to articles 44 and 45 of thepresent Convention. Such suggestions and general recommendationsshall be transmitted to any State Party concerned and reported to theGeneral Assembly, together with comments, if any, from States Parties.

PART III [FINAL PROVISIONS]Article 46 [signature]

The present Convention shall be open to signature by all States.

Article 47 [ratification][. . .]

Article 48 [accession][ . . .]

Article 49 [entry into force]1. The present Convention shall enter into force on the thirtieth day

following the date of deposit with the Secretary-General of the UnitedNations of the twentieth instrument of ratification or accession.

2. For each State ratifying or acceding to the Convention after thedeposit of the twentieth instrument of ratification or accession, theConvention shall enter into force on the thirtieth day after the depositby such State of its instrument of ratification or accession.

Article 50 [amendments]1. Any State Party may propose an amendment and file it with the

Secretary-General of the United Nations. The Secretary-General shallthereupon communicate the proposed amendment to States Parties, witha request that they indicate whether they favour a conference of StatesParties for the purpose of considering and voting upon proposals. Inthe event that, within four months from the date of such communication,at least one third of the States Parties favour such a conference, theSecretary General shall convene the conference under the auspices ofthe United Nations. Any amendment adopted by a majority of StatesParties present and voting at the conference shall be submitted tot theGeneral Assembly for approval.

2. An amendment adopted in accordance with paragraph 1 of thepresent article shall enter into force when it has been approved by theGeneral Assembly of the United Nations and accepted by a two-thirdsmajority of States Parties.

3. When an amendment enters into force, it shall be binding on thoseStates Parties which have accepted it, other States Parties still beingbound by the provisions of the present Convention and any earlieramendments which they have accepted.

Article 51 [reservation][ . . . ]



Article 54 [languages][ . . . ]

40

The States Parties to the present Protocol,Encouraged by the overwhelming support for the Convention on

the Rights of the Child, demonstrating the widespread commitmentthat exists to strive for the promotion and protection of the rights of thechild,

Reaffirming that the rights of children require special protection,and calling for continuous improvement of the situation of childrenwithout distinction, as well as for their development and education inconditions of peace and security,

Disturbed by the harmful and widespread impact of armed conflicton children and the long-term consequences it has for durable peace,security and development,

Condemning the targeting of children in situations of armed conflictand direct attacks on objects protected under international law, includingplaces that generally have a significant presence of children, such asschools and hospitals,

Noting the adoption of the Rome Statute of the International CriminalCourt, in particular, the inclusion therein as a war crime, of conscriptingor enlisting children under the age of 15 years or using them toparticipate actively in hostilities in both international and non-international armed conflicts,

Considering therefore that to strengthen further the implementationof rights recognized in the Convention on the Rights of the Child thereis a need to increase the protection of children from involvement inarmed conflict,

Noting that article 1 of the Convention on the Rights of the Childspecifies that, for the purposes of that Convention, a child means everyhuman being below the age of 18 years unless, under the law applicableto the child, majority is attained earlier,

Convinced that an optional protocol to the Convention that raisesthe age of possible recruitment of persons into armed forces and theirparticipation in hostilities will contribute effectively to theimplementation of the principle that the best interests of the child areto be a primary consideration in all actions concerning children,

Noting that the twenty-sixth International Conference of the RedCross and Red Crescent in December 1995 recommended, inter alia,that parties to conflict take every feasible step to ensure that childrenbelow the age of 18 years do not take part in hostilities,

Welcoming the unanimous adoption, in June 1999, of InternationalLabour Organization Convention No. 182 on the Prohibition andImmediate Action for the Elimination of the Worst Forms of ChildLabour, which prohibits, inter alia, forced or compulsory recruitmentof children for use in armed conflict,

Condemning with the gravest concern the recruitment, training anduse within and across national borders of children in hostilities by armedgroups distinct from the armed forces of a State, and recognizing theresponsibility of those who recruit, train and use children in this regard,

Recalling the obligation of each party to an armed conflict to abideby the provisions of international humanitarian law,

Stressing that the present Protocol is without prejudice to the purposesand principles contained in the Charter of the United Nations, includingArticle 51, and relevant norms of humanitarian law,

Bearing in mind that conditions of peace and security based on fullrespect of the purposes and principles contained in the Charter andobservance of applicable human rights instruments are indispensablefor the full protection of children, in particular during armed conflictsand foreign occupation,

Recognizing the special needs of those children who are particularlyvulnerable to recruitment or use in hostilities contrary to the presentProtocol owing to their economic or social status or gender,

Mindful of the necessity of taking into consideration the economic,social and political root causes of the involvement of children in armedconflicts,

1 B.5.1 OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THEINVOLVEMENT OF CHILDREN IN ARMED CONFLICT

-adopted and opened for ratification, etc., by General Assembly resolution A/RES/54/263 of 25 May 2000-entered into force on 12 February 2002-ratifications, etc.: 73 as per 15 July 2004

1 B.5.1 OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILDON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT

Convinced of the need to strengthen international cooperation in theimplementation of the present Protocol, as well as the physical andpsycho social rehabilitation and social reintegration of children whoare victims of armed conflict,

Encouraging the participation of the community and, in particular,children and child victims in the dissemination of informational andeducational programmes concerning the implementation of the Protocol,


Article 1 [no involvement in armed conflict below 18 years]States Parties shall take all feasible measures to ensure that members

of their armed forces who have not attained the age of 18 years do nottake a direct part in hostilities.

Article 2 [no compulsory recruitment below 18 yeras]States Parties shall ensure that persons who have not attained the

age of 18 years are not compulsorily recruited into their armed forces.

Article 3 [minimum age for voluntary recruitment]1. States Parties shall raise the minimum age for the voluntary

recruitment of persons into their national armed forces from that setout in article 38, paragraph 3, of the Convention on the Rights of theChild, taking account of the principles contained in that article andrecognizing that under the Convention persons under the age of 18years are entitled to special protection.

2. Each State Party shall deposit a binding declaration uponratification of or accession to the present Protocol that sets forth theminimum age at which it will permit voluntary recruitment into itsnational armed forces and a description of the safeguards it has adoptedto ensure that such recruitment is not forced or coerced.

3. States Parties that permit voluntary recruitment into their nationalarmed forces under the age of 18 years shall maintain safeguards toensure, as a minimum, that:a) Such recruitment is genuinely voluntary;b) Such recruitment is carried out with the informed consent of theperson’s parents or legal guardians;c) Such persons are fully informed of the duties involved in such militaryservice;d) Such persons provide reliable proof of age prior to acceptance intonational military service.

4. Each State Party may strengthen its declaration at any time bynotification to that effect addressed to the Secretary-General of theUnited Nations, who shall inform all States Parties. Such notificationshall take effect on the date on which it is received by the Secretary-General.

5. The requirement to raise the age in paragraph 1 of the presentarticle does not apply to schools operated by or under the control of thearmed forces of the States Parties, in keeping with articles 28 and 29 ofthe Convention on the Rights of the Child.

Article 4 [no recruitment under 18 by non-State actors]1. Armed groups that are distinct from the armed forces of a State

should not, under any circumstances, recruit or use in hostilities personsunder the age of 18 years.

2. States Parties shall take all feasible measures to prevent suchrecruitment and use, including the adoption of legal measures necessaryto prohibit and criminalize such practices.

3. The application of the present article shall not affect the legalstatus of any party to an armed conflict.

411 B.5.1 OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILDON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT

Article 5 [prevalence of the best standard]Nothing in the present Protocol shall be construed as precluding

provisions in the law of a State Party or in international instrumentsand international humanitarian law that are more conducive to therealization of the rights of the child.

Article 6 [State obligations]1. Each State Party shall take all necessary legal, administrative and

other measures to ensure the effective implementation and enforcementof the provisions of the present Protocol within its jurisdiction.

2. States Parties undertake to make the principles and provisions ofthe present Protocol widely known and promoted by appropriate means,to adults and children alike.

3. States Parties shall take all feasible measures to ensure that personswithin their jurisdiction recruited or used in hostilities contrary to thepresent Protocol are demobilized or otherwise released from service.States Parties shall, when necessary, accord to such persons allappropriate assistance for their physical and psychological recoveryand their social reintegration.

Article 7 [international cooperation]1. States Parties shall cooperate in the implementation of the present

Protocol, including in the prevention of any activity contrary theretoand in the rehabilitation and social reintegration of persons who arevictims of acts contrary thereto, including through technical cooperationand financial assistance. Such assistance and cooperation will beundertaken in consultation with the States Parties concerned and therelevant international organizations.

2. States Parties in a position to do so shall provide such assistancethrough existing multilateral, bilateral or other programmes or, interalia, through a voluntary fund established in accordance with the rulesof the General Assembly.

Article 8 [reporting obligations of States Parties]1. Each State Party shall, within two years following the entry into

force of the present Protocol for that State Party, submit a report to theCommittee on the Rights of the Child providing comprehensiveinformation on the measures it has taken to implement the provisionsof the Protocol, including the measures taken to implement theprovisions on participation and recruitment.

2. Following the submission of the comprehensive report, each StateParty shall include in the reports it submits to the Committee on theRights of the Child, in accordance with article 44 of the Convention,any further information with respect to the implementation of theProtocol. Other States Parties to the Protocol shall submit a report everyfive years.

3. The Committee on the Rights of the Child may request from StatesParties further information relevant to the implementation of the presentProtocol.

Article 9 [ratification, etc.]1. The present Protocol is open for signature by any State that is a

party to the Convention or has signed it.2. The present Protocol is subject to ratification and is open to

accession by any State. Instruments of ratification or accession shallbe deposited with the Secretary-General of the United Nations.

3. The Secretary-General, in his capacity as depositary of theConvention and the Protocol, shall inform all States Parties to theConvention and all States that have signed the Convention of eachinstrument of declaration pursuant to article 3.


deposit of the tenth instrument of ratification or accession.2. For each State ratifying the present Protocol or acceding to it

after its entry into force, the Protocol shall enter into force one monthafter the date of the deposit of its own instrument of ratification oraccession.


by written notification to the Secretary- General of the United Nations,who shall thereafter inform the other States Parties to the Conventionand all States that have signed the Convention. The denunciation shalltake effect one year after the date of receipt of the notification by theSecretary-General. If, however, on the expiry of that year the denouncingState Party is engaged in armed conflict, the denunciation shall nottake effect before the end of the armed conflict.

2. Such a denunciation shall not have the effect of releasing the StateParty from its obligations under the present Protocol in regard to anyact that occurs prior to the date on which the denunciation becomeseffective. Nor shall such a denunciation prejudice in any way thecontinued consideration of any matter that is already under considerationby the Committee on the Rights of the Child prior to the date on whichthe denunciation becomes effective.

Article 12 [amendments]1. Any State Party may propose an amendment and file it with the

Secretary-General of the United Nations. The Secretary-General shallthereupon communicate the proposed amendment to States Parties witha request that they indicate whether they favour a conference of StatesParties for the purpose of considering and voting upon the proposals.In the event that, within four months from the date of suchcommunication, at least one third of the States Parties favour such aconference, the Secretary-General shall convene the conference underthe auspices of the United Nations. Any amendment adopted by amajority of States Parties present and voting at the conference shall besubmitted to the General Assembly of the United Nations for approval.

2. An amendment adopted in accordance with paragraph 1 of thepresent article shall enter into force when it has been approved by theGeneral Assembly and accepted by a two-thirds majority of StatesParties.

3. When an amendment enters into force, it shall be binding on thoseStates Parties that have accepted it, other States Parties still being boundby the provisions of the present Protocol and any earlier amendmentsthey have accepted.

Article 13 [languages, etc.]1. The present Protocol, of which the Arabic, Chinese, English,

French, Russian and Spanish texts are equally authentic, shall bedeposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmitcertified copies of the present Protocol to all States Parties to theConvention and all States that have signed the Convention.

42

1 B.5.2 OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THESALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY

-adopted and opened for signature, etc. by General Assembly resolution A/RES/54/263 of 25 May 2000-entered into force on 18 January 2002-ratifications, etc.: 79 as per 15 July 2004

1 B.5.2 OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE SALEOF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY

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 itsprovisions, especially articles 1, 11, 21, 32, 33, 34, 35 and 36, it wouldbe appropriate to extend the measures that States Parties shouldundertake in order to guarantee the protection of the child from thesale of children, child prostitution and child pornography,

Considering also that the Convention on the Rights of the Childrecognizes the right of the child to be protected from economicexploitation and from performing any work that is likely to be hazardousor to interfere with the child’s education, or to be harmful to the child’shealth or physical, mental, spiritual, moral or social development,

Gravely concerned at the significant and increasing internationaltraffic in children for the purpose of the sale of children, childprostitution and child pornography,

Deeply concerned at the widespread and continuing practice of sextourism, to which children are especially vulnerable, as it directlypromotes 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 andthat girl children are disproportionately represented among the sexuallyexploited,

Concerned about the growing availability of child pornography onthe Internet and other evolving technologies, and recalling theInternational Conference on Combatting Child Pornography on theInternet, held in Vienna in 1999, in particular its conclusion calling forthe worldwide criminalization of the production, distribution,exportation, transmission, importation, intentional possession andadvertising of child pornography, and stressing the importance of closercooperation and partnership between Governments and the Internetindustry,

[ . . .]Have agreed as follows:

Article 1 [prohibition of child prostitution and child pornogra-phy]

States Parties shall prohibit the sale of children, child prostitutionand child pornography as provided for by the present Protocol.

Article 2 [definition of terms]For the purposes of the present Protocol:

a) Sale of children means any act or transaction whereby a child istransferred by any person or group of persons to another forremuneration or any other consideration;b) Child prostitution means the use of a child in sexual activities forremuneration or any other form of consideration;c) Child pornography means any representation, by whatever means,of a child engaged in real or simulated explicit sexual activities or anyrepresentation of the sexual parts of a child for primarily sexualpurposes.

Article 3 [minimum State obligations]1. Each State Party shall ensure that, as a minimum, the following

acts and activities are fully covered under its criminal or penal law,whether such offences are committed domestically or transnationallyor on an individual or organized basis:a) In the context of sale of children as defined in article 2:i) Offering, delivering or accepting, by whatever means, a child for

the purpose of:a. Sexual exploitation of the child;b. Transfer of organs of the child for profit;c. Engagement of the child in forced labour;

ii) Improperly inducing consent, as an intermediary, for the adoptionof a child in violation of applicable international legal instrumentson adoption;

b) Offering, obtaining, procuring or providing a child for childprostitution, as defined in article 2;c) Producing, distributing, disseminating, importing, exporting,offering, selling or possessing for the above purposes child pornographyas defined in article 2.

2. Subject to the provisions of the national law of a State Party, thesame shall apply to an attempt to commit any of the said acts and tocomplicity or participation in any of the said acts.

3. Each State Party shall make such offences punishable byappropriate penalties that take into account their grave nature.

4. Subject to the provisions of its national law, each State Party shalltake measures, where appropriate, to establish the liability of legalpersons for offences established in paragraph 1 of the present article.Subject to the legal principles of the State Party, such liability of legalpersons may be criminal, civil or administrative.

5. States Parties shall take all appropriate legal and administrativemeasures to ensure that all persons involved in the adoption of a childact in conformity with applicable international legal instruments.

Article 4 [State obligations]1. Each State Party shall take such measures as may be necessary to

establish its jurisdiction over the offences referred to in article 3,paragraph 1, when the offences are commited in its territory or on boarda ship or aircraft registered in that State.

2. Each State Party may take such measures as may be necessary toestablish its jurisdiction over the offences referred to in article 3,paragraph 1, in the following cases:a) When the alleged offender is a national of that State or a person whohas his habitual residence in its territory;b) When the victim is a national of that State.

3. Each State Party shall also take such measures as may be necessaryto establish its jurisdiction over the aforementioned offences when thealleged offender is present in its territory and it does not extradite himor her to another State Party on the ground that the offence has beencommitted by one of its nationals.

4. The present Protocol does not exclude any criminal jurisdictionexercised in accordance with internal law.

Article 5 [extraditable offences]1. The offences referred to in article 3, paragraph 1, shall be deemed

to be included as extraditable offences in any extradition treaty existingbetween States Parties and shall be included as extraditable offences inevery extradition treaty subsequently concluded between them, inaccordance with the conditions set forth in such treaties.

2. If a State Party that makes extradition conditional on the existenceof a treaty receives a request for extradition from another State Partywith which it has no extradition treaty, it may consider the presentProtocol to be a legal basis for extradition in respect of such offences.Extradition shall be subject to the conditions provided by the law ofthe requested State.

3. States Parties that do not make extradition conditional on theexistence of a treaty shall recognize such offences as extraditableoffences between themselves subject to the conditions provided by thelaw of the requested State.

4. Such offences shall be treated, for the purpose of extraditionbetween States Parties, as if they had been committed not only in theplace in which they occurred but also in the territories of the Statesrequired to establish their jurisdiction in accordance with article 4.

431 B.5.2 OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE SALEOF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY

5. If an extradition request is made with respect to an offencedescribed in article 3, paragraph 1, and the requested State Party doesnot or will not extradite on the basis of the nationality of the offender,that State shall take suitable measures to submit the case to its competentauthorities for the purpose of prosecution.

Article 6 [assistance in criminal investigations]1. States Parties shall afford one another the greatest measure of

assistance in connection with investigations or criminal or extraditionproceedings brought in respect of the offences set forth in article 3,paragraph 1, including assistance in obtaining evidence at their disposalnecessary for the proceedings.

2. States Parties shall carry out their obligations under paragraph 1of the present article in conformity with any treaties or otherarrangements on mutual legal assistance that may exist between them.In the absence of such treaties or arrangements, States Parties shallafford one another assistance in accordance with their domestic law.

Article 7 [measures of confiscation and seizure]States Parties shall, subject to the provisions of their national law:

a) Take measures to provide for the seizure and confiscation, asappropriate, of:i) Goods, such as materials, assets and other instrumentalities used to

commit or facilitate offences under the present protocol;ii)Proceeds derived from such offences;b) Execute requests from another State Party for seizure or confiscationof goods or proceeds referred to in subparagraph (a) (i) and (ii);c) Take measures aimed at closing, on a temporary or definitive basis,premises used to commit such offences.

Article 8 [protect interests of victims]1. States Parties shall adopt appropriate measures to protect the rights

and interests of child victims of the practices prohibited under thepresent Protocol at all stages of the criminal justice process, in particularby:a) Recognizing the vulnerability of child victims and adaptingprocedures to recognize their special needs, including their special needsas witnesses;b) Informing child victims of their rights, their role and the scope, timingand progress of the proceedings and of the disposition of their cases;c) Allowing the views, needs and concerns of child victims to bepresented and considered in proceedings where their personal interestsare affected, in a manner consistent with the procedural rules of nationallaw;d) Providing appropriate support services to child victims throughoutthe legal process;e) Protecting, as appropriate, the privacy and identity of child victimsand taking measures in accordance with national law to avoid theinappropriate dissemination of information that could lead to theidentification of child victims;f) Providing, in appropriate cases, for the safety of child victims, aswell as that of their families and witnesses on their behalf, fromintimidation and retaliation;g) Avoiding unnecessary delay in the disposition of cases and theexecution of orders or decrees granting compensation to child victims.

2. States Parties shall ensure that uncertainty as to the actual age ofthe victim shall not prevent the initiation of criminal investigations,including investigations aimed at establishing the age of the victim.

3. States Parties shall ensure that, in the treatment by the criminaljustice system of children who are victims of the offences described inthe present Protocol, the best interest of the child shall be a primaryconsideration.

4. States Parties shall take measures to ensure appropriate training,in particular legal and psychological training, for the persons who workwith victims of the offences prohibited under the present Protocol.

5. States Parties shall, in appropriate cases, adopt measures in orderto protect the safety and integrity of those persons and/or organizationsinvolved in the prevention and/or protection and rehabilitation of victimsof such offences.

6. Nothing in the present article shall be construed to be prejudicialto or inconsistent with the rights of the accused to a fair and impartialtrial.

Article 9 [positive obligations of States Parties]1. States Parties shall adopt or strengthen, implement and disseminate

laws, administrative measures, social policies and programmes toprevent the offences referred to in the present Protocol. Particularattention shall be given to protect children who are especially vulnerableto such practices.

2. States Parties shall promote awareness in the public at large,including children, through information by all appropriate means,education and training, about the preventive measures and harmfuleffects of the offences referred to in the present Protocol. In fulfillingtheir obligations under this article, States Parties shall encourage theparticipation of the community and, in particular, children and childvictims, in such information and education and training programmes,including at the international level.

3. States Parties shall take all feasible measures with the aim ofensuring all appropriate assistance to victims of such offences, includingtheir full social reintegration and their full physical and psychologicalrecovery.

4. States Parties shall ensure that all child victims of the offencesdescribed in the present Protocol have access to adequate proceduresto seek, without discrimination, compensation for damages from thoselegally responsible.

5. States Parties shall take appropriate measures aimed at effectivelyprohibiting the production and dissemination of material advertisingthe offences described in the present Protocol.

Article 10 [international cooperation conducive to protocol]1. States Parties shall take all necessary steps to strengthen

international cooperation by multilateral, regional and bilateralarrangements for the prevention, detection, investigation, prosecutionand punishment of those responsible for acts involving the sale ofchildren, child prostitution, child pornography and child sex tourism.States Parties shall also promote international cooperation andcoordination between their authorities, national and international non-governmental organizations and international organizations.

2. States Parties shall promote international cooperation to assistchild victims in their physical and psychological recovery, socialreintegration and repatriation.

3. States Parties shall promote the strengthening of internationalcooperation in order to address the root causes, such as poverty andunderdevelopment, contributing to the vulnerability of children to thesale of children, child prostitution, child pornography and child sextourism.

4. States Parties in a position to do so shall provide financial, technicalor other assistance through existing multilateral, regional, bilateral orother programmes.

Article 11 [application of most conducive provision]Nothing in the present Protocol shall affect any provisions that are

more conducive to the realization of the rights of the child and thatmay be contained in:a) The law of a State Party;b) International law in force for that State.

Article 12 [reporting obligations]1. Each State Party shall, within two years following the entry into

force of the present Protocol for that State Party, submit a report to theCommittee on the Rights of the Child providing comprehensiveinformation on the measures it has taken to implement the provisionsof the Protocol.

2. Following the submission of the comprehensive report, each StateParty shall include in the reports they submit to the Committee on theRights of the Child, in accordance with article 44 of the Convention,any further information with respect to the implementation of the presentProtocol. Other States Parties to the Protocol shall submit a report everyfive years.

3. The Committee on the Rights of the Child may request from StatesParties further information relevant to the implementation of the presentProtocol.

Article 13 -17 [final articles][ . . . ]

44

1 B.6 INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF ALL MIGRANTWORKERS AND MEMBERS OF THEIR FAMILIES

-adopted by General Assembly resolution 45/158 of 18 December 1990-entered into force on 1 July 2003-ratified by none of the 25 EU Member States-ratifications: 26 as per 15 July 2004

1 B.6 INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTSOF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES

PREAMBLEThe States Parties to the present Convention,[ . . . ]Recognizing also the progress made by certain States on a regional

or bilateral basis towards the protection of the rights of migrant workersand members of their families, as well as the importance and usefulnessof bilateral and multilateral agreements in this field,

Realizing the importance and extent of the migration phenomenon,which involves millions of people and affects a large number of Statesin the international community,

Aware of the impact of the flows of migrant workers on States andpeople concerned, and desiring to establish norms which may contributeto the harmonization of the attitudes of States through the acceptanceof basic principles concerning the treatment of migrant workers andmembers of their families,

[ . . . ]Convinced, therefore, of the need to bring about the international

protection of the rights of all migrant workers and members of theirfamilies, reaffirming and establishing basic norms in a comprehensiveconvention which could be applied universally,


PART I SCOPE AND DEFINITIONSArticle 1 [scope]

1. The present Convention is applicable, except as otherwise providedhereafter, to all migrant workers and members of their families withoutdistinction of any kind such as sex, race, colour, language, religion orconviction, political or other opinion, national, ethnic or social origin,nationality, age, economic position, property, marital status, birth orother status.

2. The present Convention shall apply during the entire migrationprocess of migrant workers and members of their families, whichcomprises preparation for migration, departure, transit and the entireperiod of stay and remunerated activity in the State of employment aswell as return to the State of origin or the State of habitual residence.

Article 2 [definitions]For the purposes of the present Convention:1. The term “migrant worker” refers to a person who is to be engaged,

is engaged or has been engaged in a remunerated activity in a State ofwhich he or she is not a national.

2. a) The term “frontier worker” refers to a migrant worker whoretains his or her habitual residence in a neighbouring State to whichhe or she normally returns every day or at least once a week;b) The term “seasonal worker” refers to a migrant worker whose workby its character is dependent on seasonal conditions and is performedonly during part of the year;c) The term “seafarer”, which includes a fisherman, refers to a migrantworker employed on board a vessel registered in a State of which he orshe is not a national;d) The term “worker on an offshore installation” refers to a migrantworker employed on an offshore installation that is under the jurisdictionof a State of which he or she is not a national;e) The term “itinerant worker’’ refers to a migrant worker who, havinghis or her habitual residence in one State, has to travel to another Stateor States for short periods, owing to the nature of his or her occupation;f) The term “project-tied worker” refers to a migrant worker admittedto a State of employment for a defined period to work solely on a specificproject being carried out in that State by his or her employer;

g) The term “specified-employment worker” refers to a migrant worker:i) Who has been sent by his or her employer for a restricted and defined

period of time to a State of employment to undertake a specificassignment or duty; or

ii) Who engages for a restricted and defined period of time in workthat requires professional, commercial, technical or other highlyspecialized skill; or

iii) Who, upon the request of his or her employer in the State ofemployment, engages for a restricted and defined period of time inwork whose nature is transitory or brief; and who is required todepart from the State of employment either at the expiration of hisor her authorized period of stay, or earlier if he or she no longerundertakes that specific assignment or duty or engages in that work;

h) The term “self-employed worker” refers to a migrant worker who isengaged in a remunerated activity otherwise than under acontract ofemployment and who earns his or her living through this activitynormally working alone or together with members of his or her family,and to any other migrant worker recognized as self-employed byapplicable legislation of the State of employment or bilateral ormultilateral agreements.

Article 3 [persons protected]The present Convention shall not apply to:

a) Persons sent or employed by international organizations and agenciesor persons sent or employed by a State outside its territory to performofficial functions, whose admission and status are regulated by generalinternational law or by specific international agreements or conventions;b) Persons sent or employed by a State or on its behalf outside itsterritory who participate in development programmes and other co-operation programmes, whose admission and status are regulated byagreement with the State of employment and who, in accordance withthat agreement, are not considered migrant workers;c) Persons taking up residence in a State different from their State oforigin as investors;d) Refugees and stateless persons, unless such application is providedfor in the relevant national legislation of, or international instrumentsin force for, the State Party concerned;e) Students and trainees;f) Seafarers and workers on an offshore installation who have not beenadmitted to take up residence and engage in a remunerated activity inthe State of employment.

Article 4 [definition of members of the family]For the purposes of the present Convention the term ‘’members of

the family” refers to persons married to migrant workers or havingwith them a relationship that, according to applicable law, produceseffects equivalent to marriage, as well as their dependent children andother dependent persons who are recognized as members of the familyby applicable legislation or applicable bilateral or multilateralagreements between the States concerned.

Article 5 [documented vs non documented persons]For the purposes of the present Convention, migrant workers and

members of their families:a) Are considered as documented or in a regular situation if they areauthorized to enter, to stay and to engage in a remunerated activity inthe State of employment pursuant to the law of that State and tointernational agreements to which that State is a party;b) Are considered as non-documented or in an irregular situation ifthey do not comply with the conditions provided for in subparagraph(a) of the present article.


Article 6 [definition of States]For the purposes of the present Convention:

a) The term “State of origin” means the State of which the personconcerned is a national;b) The term “State of employment” means a State where the migrantworker is to be engaged, is engaged or has been engaged in aremunerated activity, as the case may be;c) The term “State of transit,’ means any State through which the personconcerned passes on any journey to the State of employment or fromthe State of employment to the State of origin or the State of habitualresidence.

PART II: NON-DISCRIMINATION WITH RESPECT TORIGHTS

Article 7 [prohibition of discrimination]States Parties undertake, in accordance with the international

instruments concerning human rights, to respect and to ensure to allmigrant workers and members of their families within their territory orsubject to their jurisdiction the rights provided for in the presentConvention without distinction of any kind such as to sex, race, colour,language, religion or conviction, political or other opinion, national,ethnic or social origin, nationality, age, economic position, property,marital status, birth or other status.

PART III: HUMAN RIGHTS OF ALL MIGRANT WORKERSAND MEMBERS OF THEIR FAMILIES

Article 8 [right to leave any State]1. Migrant workers and members of their families shall be free to

leave any State, including their State of origin. This right shall not besubject to any restrictions except those that are provided by law, arenecessary to protect national security, public order (ordre public), publichealth or morals or the rights and freedoms of others and are consistentwith the other rights recognized in the present part of the Convention.

2. Migrant workers and members of their families shall have theright at any time to enter and remain in their State of origin.

Article 9 [right to lawful protection]The right to life of migrant workers and members of their families

shall be protected by law.

Article 10 [prohibition of torture]No migrant worker or member of his or her family shall be subjected

to torture or to cruel, inhuman or degrading treatment or punishment.

Article 11 [prohibition of slavery or compulsory labour]1. No migrant worker or member of his or her family shall be held in

slavery or servitude.2. No migrant worker or member of his or her family shall be required

to perform forced or compulsory labour.3. Paragraph 2 of the present article shall not be held to preclude, in

States where imprisonment with hard labour may be imposed as apunishment for a crime, the performance of hard labour in pursuanceof a sentence to such punishment by a competent court.

4. For the purpose of the present article the term “forced orcompulsory labour” shall not include:a) Any work or service not referred to in paragraph 3 of the presentarticle normally required of a person who is under detention inconsequence of a lawful order of a court or of a person duringconditional release from such detention;b) Any service exacted in cases of emergency or calamity threateningthe life or well-being of the community;c) Any work or service that forms part of normal civil obligations sofar as it is imposed also on citizens of the State concerned.

Article 12 [freedom of thought, conscience and religion]1. Migrant workers and members of their families shall have the

right to freedom of thought, conscience and religion. This right shallinclude freedom to have or to adopt a religion or belief of their choiceand freedom either individually or in community with others and inpublic or private to manifest their religion or belief in worship,observance, practice and teaching.

2. Migrant workers and members of their families shall not be subjectto coercion that would impair their freedom to have or to adopt a religionor belief of their choice.

3. Freedom to manifest one’s religion or belief may be subject onlyto such limitations as are prescribed by law and are necessary to protectpublic safety, order, health or morals or the fundamental rights andfreedoms of others.

4. States Parties to the present Convention undertake to have respectfor the liberty of parents, at least one of whom is a migrant worker,and, when applicable, legal guardians to ensure the religious and moraleducation of their children in conformity with their own convictions.

Article 13 [freedom of opinion and expression]1. Migrant workers and members of their families shall have the

right to hold opinions without interference.2. Migrant workers and members of their families shall have the

right to freedom of expression; this right shall include freedom to seek,receive and impart information and ideas of all kinds, regardless offrontiers, either orally, in writing or in print, in the form of art or throughany other media of their choice.

3. The exercise of the right provided for in paragraph 2 of the presentarticle carries with it special duties and responsibilities. It may thereforebe subject to certain restrictions, but these shall only be such as areprovided by law and are necessary:a) For respect of the rights or reputation of others;b) For the protection of the national security of the States concerned orof public order (ordre public) or of public health or morals;c) For the purpose of preventing any propaganda for war;d) For the purpose of preventing any advocacy of national, racial orreligious hatred that constitutes incitement to discrimination, hostilityor violence.

Article 14 [right to privacy and family]No migrant worker or member of his or her family shall be subjected

to arbitrary or unlawful interference with his or her privacy, family,home, correspondence or other communications, or to unlawful attackson his or her honour and reputation. Each migrant worker and memberof his or her family shall have the right to the protection of the lawagainst such interference or attacks.

Article 15 [right to property]No migrant worker or member of his or her family shall be arbitrarily

deprived of property, whether owned individually or in association withothers. Where, under the legislation in force in the State of employment,the assets of a migrant worker or a member of his or her family areexpropriated in whole or in part, the person concerned shall have theright to fair and adequate compensation.

Article 16 [right to liberty and security]1. Migrant workers and members of their families shall have the

right to liberty and security of person.2. Migrant workers and members of their families shall be entitled

to effective protection by the State against violence, physical injury,threats and intimidation, whether by public officials or by privateindividuals, groups or institutions.

3. Any verification by law enforcement officials of the identity ofmigrant workers or members of their families shall be carried out inaccordance with procedure established by law.

4. Migrant workers and members of their families shall not besubjected individually or collectively to arbitrary arrest or detention;they shall not be deprived o their liberty except on such grounds and inaccordance with such procedures as are established by law.

5. Migrant workers and members of their families who are arrestedshall be informed at the time of arrest as far as possible in a languagethey understand of the reasons for their arrest and they shall be promptlyinformed in a language they understand of any charges against them.

6. Migrant workers and members of their families who are arrestedor detained on a criminal charge shall be brought promptly before ajudge or other officer authorized by law to exercise judicial power andshall be entitled to trial within a reasonable time or to release. It shallnot be the general rule that while awaiting trial they shall be detainedin custody, but release may be subject to guarantees to appear for trial,at any other stage of the judicial proceedings and, should the occasionarise, for the execution of the judgement.

46 1 B.6 INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTSOF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES

7. When a migrant worker or a member of his or her family is arrestedor committed to prison or custody pending trial or is detained in anyother manner:a) The consular or diplomatic authorities of his or her State of originor of a State representing the interests of that State shall, if he or she sorequests, be informed without delay of his or her arrest or detentionand of the reasons therefor;b) The person concerned shall have the right to communicate with thesaid authorities. Any communication by the person concerned to thesaid authorities shall be forwarded without delay, and he or she shallalso have the right to receive communications sent by the said authoritieswithout delay;c) The person concerned shall be informed without delay of this rightand of rights deriving from relevant treaties, if any, applicable betweenthe States concerned, to correspond and to meet with representativesof the said authorities and to make arrangements with them for his orher legal representation.

8. Migrant workers and members of their families who are deprivedof their liberty by arrest or detention shall be entitled to take proceedingsbefore a court, in order that that court may decide without delay on thelawfulness of their detention and order their release if the detention isnot lawful. When they attend such proceedings, they shall have theassistance, if necessary without cost to them, of an interpreter, if theycannot understand or speak the language used.

9. Migrant workers and members of their families who have beenvictims of unlawful arrest or detention shall have an enforceable rightto compensation.

Article 17 [rights of persons deprived of their liberty]1. Migrant workers and members of their families who are deprived

of their liberty shall be treated with humanity and with respect for theinherent dignity of the human person and for their cultural identity.

2. Accused migrant workers and members of their families shall,save in exceptional circumstances, be separated from convicted personsand shall be subject to separate treatment appropriate to their status asunconvicted persons. Accused juvenile persons shall be separated fromadults and brought as speedily as possible for adjudication.

3. Any migrant worker or member of his or her family who is detainedin a State of transit or in a State of employment for violation ofprovisions relating to migration shall be held, in so far as practicable,separately from convicted persons or persons detained pending trial.

4. During any period of imprisonment in pursuance of a sentenceimposed by a court of law, the essential aim of the treatment of a migrantworker or a member of his or her family shall be his or her reformationand social rehabilitation. Juvenile offenders shall be separated fromadults and be accorded treatment appropriate to their age and legalstatus.

5. During detention or imprisonment, migrant workers and membersof their families shall enjoy the same rights as nationals to visits bymembers of their families.

6. Whenever a migrant worker is deprived of his or her liberty, thecompetent authorities of the State concerned shall pay attention to theproblems that may be posed for members of his or her family, inparticular for spouses and minor children.

7. Migrant workers and members of their families who are subjectedto any form of detention or imprisonment in accordance with the lawin force in the State of employment or in the State of transit shall enjoythe same rights as nationals of those States who are in the same situation.

8. If a migrant worker or a member of his or her family is detainedfor the purpose of verifying any infraction of provisions related tomigration, he or she shall not bear any costs arising therefrom.

Article 18 [equality before the courts]1. Migrant workers and members of their families shall have the

right to equality with nationals of the State concerned before the courtsand tribunals. In the determination of any criminal charge against themor of their rights and obligations in a suit of law, they shall be entitledto a fair and public hearing by a competent, independent and impartialtribunal established by law.

2. Migrant workers and members of their families who are chargedwith a criminal offence shall have the right to be presumed innocentuntil proven guilty according to law.

3. In the determination of any criminal charge against them, migrantworkers and members of their families shall be entitled to the followingminimum guarantees:a) To be informed promptly and in detail in a language they understandof the nature and cause of the charge against them;b) To have adequate time and facilities for the preparation of theirdefence and to communicate with counsel of their own choosing;c) To be tried without undue delay;d) To be tried in their presence and to defend themselves in person orthrough legal assistance of their own choosing; to be informed, if theydo not have legal assistance, of this right; and to have legal assistanceassigned to them, in any case where the interests of justice so requireand without payment by them in any such case if they do not havesufficient means to pay;e) To examine or have examined the witnesses against them and toobtain the attendance and examination of witnesses on their behalf underthe same conditions as witnesses against them;f) To have the free assistance of an interpreter if they cannot understandor speak the language used in court;g) Not to be compelled to testify against themselves or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as willtake account of their age and the desirability of promoting theirrehabilitation.

5. Migrant workers and members of their families convicted of acrime shall have the right to their conviction and sentence beingreviewed by a higher tribunal according to law.

6. When a migrant worker or a member of his or her family has, bya final decision, been convicted of a criminal offence and whensubsequently his or her conviction has been reversed or he or she hasbeen pardoned on the ground that a new or newly discovered fact showsconclusively that there has been a miscarriage of justice, the personwho has suffered punishment as a result of such conviction shall becompensated according to law, unless it is proved that the non-disclosureof the unknown fact in time is wholly or partly attributable to that person.

7. No migrant worker or member of his or her family shall be liableto be tried or punished again for an offence for which he or she hasalready been finally convicted or acquitted in accordance with the lawand penal procedure of the State concerned.

Article 19 [nulla poena sine lege]1. No migrant worker or member of his or her family shall be held

guilty of any criminal offence on account of any act or omission thatdid not constitute a criminal offence under national or internationallaw at the time when the criminal offence was committed, nor shall aheavier penalty be imposed than the one that was applicable at the timewhen it was committed. If, subsequent to the commission of the offence,provision is made by law for the imposition of a lighter penalty, he orshe shall benefit thereby.

2. Humanitarian considerations related to the status of a migrantworker, in particular with respect to his or her right of residence orwork, should be taken into account in imposing a sentence for a criminaloffence committed by a migrant worker or a member of his or her family.

Article 20 [prohibition of imprisonment or expulsion for debt]1. No migrant worker or member of his or her family shall be

imprisoned merely on the ground of failure to fulfil a contractualobligation.

2. No migrant worker or member of his or her family shall be deprivedof his or her authorization of residence or work permit or expelledmerely on the ground of failure to fulfil an obligation arising out of awork contract unless fulfilment of that obligation constitutes a conditionfor such authorization or permit.

Article 21 [prohibition of destruction of permits and documents]It shall be unlawful for anyone, other than a public official duly

authorized by law, to confiscate, destroy or attempt to destroy identitydocuments, documents authorizing entry to or stay, residence orestablishment in the national territory or work permits. No authorizedconfiscation of such documents shall take place without delivery of adetailed receipt. In no case shall it be permitted to destroy the passportor equivalent document of a migrant worker or a member of his or herfamily.


Article 22 [rules governing expulsion]1. Migrant workers and members of their families shall not be subject

to measures of collective expulsion. Each case of expulsion shall beexamined and decided individually.

2. Migrant workers and members of their families may be expelledfrom the territory of a State Party only in pursuance of a decision takenby the competent authority in accordance with law.

3. The decision shall be communicated to them in a language theyunderstand. Upon their request where not otherwise mandatory, thedecision shall be communicated to them in writing and, save inexceptional circumstances on account of national security, the reasonsfor the decision likewise stated. The persons concerned shall beinformed of these rights before or at the latest at the time the decisionis rendered.

4. Except where a final decision is pronounced by a judicial authority,the person concerned shall have the right to submit the reason he or sheshould not be expelled and to have his or her case reviewed by thecompetent authority, unless compelling reasons of national securityrequire otherwise. Pending such review, the person concerned shallhave the right to seek a stay of the decision of expulsion.

5. If a decision of expulsion that has already been executed issubsequently annulled, the person concerned shall have the right toseek compensation according to law and the earlier decision shall notbe used to prevent him or her from re-entering the State concerned.

6. In case of expulsion, the person concerned shall have a reasonableopportunity before or after departure to settle any claims for wages andother entitlements due to him or her and any pending liabilities.

7. Without prejudice to the execution of a decision of expulsion, amigrant worker or a member of his or her family who is subject to sucha decision may seek entry into a State other than his or her State oforigin.

8. In case of expulsion of a migrant worker or a member of his orher family the costs of expulsion shall not be borne by him or her. Theperson concerned may be required to pay his or her own travel costs.

9. Expulsion from the State of employment shall not in itself prejudiceany rights of a migrant worker or a member of his or her family acquiredin accordance with the law of that State, including the right to receivewages and other entitlements due to him or her.

Article 23 [consular assistance][ . . . ]

Article 24 [recognition as a person before the law][ . . . ]

Article 25 [no less favourable remuneration][ . . . ]

Article 26 [freedom of association][ . . . ]

Article 27 and 28 [social security benefits and medical care][ . . . ]

Article 29 [child’s right to a name and to nationality][ . . . ]

Article 30 [child’s access to education on the basis of equality][ . . . ]

Article 31 [respect for cultural identity][ . . . ]

Article 32 [right to transfer earnings and savings][ . . . ]

Article 33 [right to be informed on rights][ . . . ]

Article 34 [obligation to comply with laws]Nothing in the present part of the Convention shall have the effect

of relieving migrant workers and the members of their families fromeither the obligation to comply with the laws and regulations of anyState of transit and the State of employment or the obligation to respectthe cultural identity of the inhabitants of such States.

Article 35 [no implication for regularization of migrants]Nothing in the present part of the Convention shall be interpreted as

implying the regularization of the situation of migrant workers ormembers of their families who are non-documented or in an irregularsituation or any right to such regularization of their situation, nor shallit prejudice the measures intended to ensure sound and equitable-conditions for international migration as provided in part VI of thepresent Convention.

PART IV : OTHER RIGHTS OF MIGRANT WORKERS ANDMEMBERS OF THEIR FAMILIES WHO AREDOCUMENTED OR IN A REGULAR SITUATION

Article 36 - 56 [details] [ . . . ]

PART V: PROVISIONS APPLICABLE TO PARTICULARCATEGORIES OF MIGRANT WORKERS AND OFTHEIR FAMILIES


PART VI: PROMOTION OF SOUND, EQUITABLE, HUMANEAND LAWFUL CONDITIONS IN CONNECTIONWITH INTERNATIONAL MIGRATION OFWORKERS AND MEMBERS OF THEIR FAMILIES

Article 64 [promotion of sound migratory conditions]1. Without prejudice to article 79 of the present Convention, the

States Parties concerned shall as appropriate consult and co-operatewith a view to promoting sound, equitable and humane conditions inconnection with international migration of workers and members oftheir families.

2. In this respect, due regard shall be paid not only to labour needsand resources, but also to the social, economic, cultural and other needsof migrant workers and members of their families involved, as well asto the consequences of such migration for the communities concerned.

Article 65 - 71 [various promotional measures] [ . . . ]

PART VII APPLICATION OF THE CONVENTIONArticle 72 [the Committee]

1. a) For the purpose of reviewing the application of the presentConvention, there shall be established a Committee on the Protectionof the Rights of All Migrant Workers and Members of Their Families(hereinafter referred to as ‘’the Committee”);b) The Committee shall consist, at the time of entry into force of thepresent Convention, of ten and, after the entry into force of theConvention for the forty-first State Party, of fourteen experts of highmoral standing, impartiality and recognized competence in the fieldcovered by the Convention.

[2 -9] [details on functioning of Committee] [ . . . ]

Article 73 [state reporting]1. States Parties undertake to submit to the Secretary-General of the

United Nations for consideration by the Committee a report on thelegislative, judicial, administrative and other measures they have takento give effect to the provisions of the present Convention:a) Within one year after the entry into force of the Convention for theState Party concerned;b) Thereafter every five years and whenever the Committee so requests.

2. Reports prepared under the present article shall also indicate factorsand difficulties, if any, affecting the implementation of the Conventionand shall include information on the characteristics of migration flowsin which the State Party concerned is involved.

3. The Committee shall decide any further guidelines applicable tothe content of the reports.

4. States Parties shall make their reports widely available to the publicin their own countries.


PART VIII GENERAL PROVISIONSArticle 79 [criteria for admission]

Nothing in the present Convention shall affect the right of each StateParty to establish the criteria governing admission of migrant workersand members of their families. Concerning other matters related to theirlegal situation and treatment as migrant workers and members of theirfamilies, States Parties shall be subject to the limitations set forth inthe present Convention.

Article 80 - 84 [ . . . ]

PART IX : FINAL PROVISIONSArticle 85 - 93 [ . . . ]

48

1 C.1 ILO CONVENTION (NO. 029) CONCERNING FORCED OR COMPULSORY LABOUR

-adopted on 28 June 1930 at 14th session of the General Conference of the International Labour Organisation-entered into force on 1 May 1932-ratifications, etc.: 163 as per 15 July 2004-excerpts of 33 articles

1 C.1 ILO CONVENTION (NO. 029) CONCERNING FORCED OR COMPULSORY LABOUR

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 fourteenth sessionon 10 June 1930, and

Having decided upon the adoption of certain proposals with regardto forced and compulsory labour, which is included in the first item onthe agenda of the session, and

Having determined that these proposals shall take the form of aninternational Convention,

Adopts this twenty-eight day of June of the year one thousand ninehundred and thirty the following Convention, which may be cited asthe forced Labour Convention, 1930, for ratification by the membersof the International Labour Organisation in accordance with theprovisions of the Constitution of the International Labour Organisation.

Article 1 [scope]1. Each Member of the International Labour Organisation which

ratifies this Convention undertakes to suppress the use of forced orcompulsory labour in all its forms within the shortest possible period.

2. With a view to this complete suppression, recourse to forced orcompulsory labour may be had, during the transitional period, for publicpurposes only and as an exceptional measure, subject to the conditionsand guarantees hereinafter provided.

3. At the expiration of a period of five years after the coming intoforce of this Convention, and when the Governing Body of theInternational Labour Office prepares the report provided for in Article31 below, the said Governing Body shall consider the possibility of thesuppression of forced or compulsory labour in all its forms without afurther transitional period and the desirability of placing this questionon the agenda of the Conference.

Article 2 [definition of forced and compulsory labour]1. For the purposes of this Convention the term “forced or compulsory

labour” shall mean all work or service which is exacted from any personunder the menace of any penalty and for which the said person has notoffered himself voluntary.

2. Nevertheless, for the purposes of this Convention, the term ‘forcedor compulsory labour’ shall not includea) any work or service exacted in virtue of compulsory military servicelaws for work of a purely military character;b) any work or service which forms part of the normal civic obligationsof the citizens of a fully self-governing country;c) any work or service exacted from any person as a consequence of aconviction in a court of law, provided that the said work or service iscarried out under the supervision and control of a public authority andthat the said person is not hired to or placed at the disposal of privateindividuals, companies or associations;d) any work or service exacted in cases of emergency, that is to say, inthe event of war or of a calamity or threatened calamity, such as fire,flood, famine, earthquake, violent epidemic or epizootic diseases,invasion by animal, insect or vegetable pests, and in general naycircumstance that would endanger the existence or the well-being ofthe whole or part of the population;e) minor communal services of a kind which, being performed by themembers of the community in the direct interest of the said community,can therefore be considered as normal civic obligations incumbent uponthe members of the community, provided that the members of thecommunity or their direct representatives shall have the right to beconsulted in regard to the need for such services.

Article 3 [competent authorities]For the purposes of this Convention the term competent authority

shall mean either an authority of the metropolitan country or the highestcentral authority in the territory concerned.

Article 4 [horizontal effects]1. The competent authority shall not impose or permit the imposition

of forced or compulsory labour for the benefit of private individuals,companies or associations.

2. Where such forced or compulsory labour for the benefit of privateindividuals, companies or associations exists at the date on which aMember’s ratification of this Convention is registered by the Director-general of the International Labour Office, the member shall completelysuppress such forced or compulsory labour from the date on which thisConvention comes into force for that Member.

Article 5 [no concession involving forced labour]1. No concession granted to private individuals, companies or

associations shall involve any form of forced or compulsory labour forthe production or the collection of products which such privateindividuals, companies or associations utilise or in which they trade.

2. Where concessions exist containing provisions involving suchforced or compulsory labour, such provision shall be rescinded as soonas possible, in order to comply with Article 1 of this Convention.

Article 6 [duty of officials]Officials of the administration, even when they have the duty of

encouraging the populations under their charge to engage in some formof labour, shall not put constraint upon the said populations or uponany individual members thereof to work for private individuals,companies or associations.

Article 7 [limitations to forced or compulsory labour]1. Chiefs who do not exercise administrative functions shall not have

recourse to forced or compulsory labour.2. Chiefs who exercise administrative functions may, with the express

permission of the competent authority, have recourse to forced orcompulsory labour, subject to the provisions of Article 10 of thisConvention.

3. Chiefs who are duly recognised and who do not receive adequateremuneration in other forms may have the enjoyment of personalservices, subject to due regulation and provided that all necessarymeasures are taken to prevent abuses.

Article 8 [authority]1. The responsibility for every decision to have recourse to forced

or compulsory labour shall rest with the highest civil authority in theterritory concerned.

2. Nevertheless, that authority may delegate powers to the highestlocal authorities to exact forced or compulsory labour which does notinvolve the removal of the workers from their place of habitualresidence. That authority may also delegate, for such periods and subjectto such conditions as may be laid down in the regulations provided forin Article 23 of this Convention, powers to the highest local authoritiesto exact forced or compulsory labour which involves the removal ofthe workers from their place of habitual residence for the purpose offacilitating the movement of officials of the administration, when onduty, and for the transport of Government stores.

Article 9 to Article 24 [descriptive articles][ . . . ]

Article 25 [exaction of forced labour a penal offence]The illegal exaction of forced or compulsory labour shall be punishableas a penal offence, and it shall be an obligation on any Member ratifyingthis Convention to ensure that the penalties imposed by law are reallyadequate and are strictly enforced.

Article 27 to Article 33 [final articles]

49

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 sessionon 17 June 1948,

Having decided to adopt, in the form of a Convention, certainproposals concerning freedom of association and protection of the rightto organise which is the seventh item of the agenda of the session,

Considering that the Preamble to the Constitution of the InternationalLabour Organisation declares ‘recognition of the [principle of freedomof association’ to be a means of improving conditions of labour and ofestablishing peace,

Considering that the Declaration of Philadelphia reaffirms that‘freedom of expression and of association are essential to sustainedprogress’, [....]

Adopts , etc. ,

PART I FREEDOM OF ASSOCIATIONArticle 1 [state obligations]

Each member of the International Labour Organisation for whichthis Convention is in force undertakes to give effect to the followingprovisions.

Article 2 [right to join organisations]Workers and employers, without distinction whatsoever, shall have

the right to establish and, subject to the rules of the organizationconcerned, to join organisations of their own choosing without previousauthorization.

Article 3 [right to constitutions and rules]1. Workers’ and employers’ organisations shall have the right to draw

up their constitutions and rules, to elect their representatives in fullfreedom, to organize their administration and activities and to formulatetheir programmes.

2. The public authorities shall refrain from any interference whichwould restrict this right or impede the lawful exercise thereof.

Article 4 [dissolution or suspension]Workers’ and employers’ organisations shall not be liable to be

dissolved or suspended by administrative authority.

Article 5 [federations and confederations]Workers’ and employers’ organisations shall have the right to

establish any joint federations and confederations and any suchorganisation, federation or confederation shall have the right to affiliatewith international organisations of workers and employers.

Article 6 [application]The provisions of Articles 2,3 and 4 hereof apply to federations and

confederations of workers’ and employers’ organizations.

Article 7 [prohibition of restrictions on legalisation]The acquisition of legal personality by workers’ and employers’

organizations, federations and confederations shall not be madesubject to conditions of such a character as to restrict the applicationof the provisions of Articles 2,3 and 4 hereof

Article 8 [respect for the law of the land]1. In exercising the rights provided for in this Convention workers

and employers and their respective organisations, like other personsor organised collectivities, shall respect the law of the land.

1 C.2 ILO CONVENTION (NO. 087) CONCERNING THE FREEDOM OF ASSOCIATION ANDPROTECTION OF THE RIGHT TO ORGANISE

-adopted on 9 July 1948 by the General Conference of the International Labour Organisation-entered into force on 4 July 1950-ratifications, etc.: 142 as per 15 July 2004-excerpts of 21 articles

1 C.2 ILO CONVENTION (NO. 087) CONCERNING THE FREEDOM OF ASSOCIATION AND PROTECTIONOF THE RIGHT TO ORGANIZE

2. The law of the land shall not be such as to impair, nor shall it beso applied as to impair, the guarantees provided for in thisConvention.

Article 9 [applicability to armed forces and police]1. The extent to which the guarantees provided for in this

Convention shall apply to the armed forces and the police shall bedetermined by national laws or regulations.

2. In accordance with the principle set forth in paragraph 8 ofarticle 19 of the Constitution of the International LabourOrganisation the ratification of this Convention by any Member shallnot be deemed to affect any existing law, award, custom oragreement in virtue of which members of the armed forces or thepolice enjoy any right guaranteed by this Convention.

Article 10 [definition of organisation]In this Convention the term organisation means any organisation

of workers or of employers for furthering and defending the interestsof workers or of employers.

PART II PROTECTION OF THE RIGHT TO ORGANISEArticle 11 [protection of the right to organise]

Each member of the International Labour Organisation for whichthis Convention is in force undertakes to take all necessary andappropriate measures to ensure that workers and employers mayexercise freely the right to organise.

PART III MISCELLANEOUS PROVISIONSArticle 12 [territorial application]

1. In respect of the territories referred to in Article 35 of theConstitution of the International Labour Organisation as amended bythe Constitution of the International Labour OrganisationInstrument of Amendment, 1946, other than the territories referred toin paragraphs 4 and 5 of the said Article as so amended, eachMember of the Organisation which ratifies this Conventions shallcommunicate to the Director-General of the International LabourOffice with or as soon as possible after its ratification a declarationstating-a) the territories in respect of which it undertakes that the provisionsof the Convention shall be applied without modification;b) the territories in respect of which it undertakes that the provisionsof the Convention shall be applied subject to modifications, togetherwith details of the said modifications;c) the territories in respect of which the Convention is inapplicableand in such cases the grounds on which it is inapplicable;d) the territories in respect of which it reserves its decision.

2. The undertakings referred to in sub-paragraphs (a) and (b) ofparagraph 1 of this Article shall be deemed to be an integral part ofthe ratification and shall have the force of ratification.

3. Any Member may, at any time at which this Convention issubject to denunciation in accordance with the provisions of Article16, communicate to the Director-General a declaration modifying inany other respect the terms of any former declaration and stating thepresent position in respect of such territories as it may specify.

Article 13 [territorial application]

Article 14-21 [final provisions][ . . . ]

50

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-second sessionon 8 June 1949, and

Having decided upon the adoption of certain proposals concerningthe application of the principles of the right to organise and to bargaincollectively, which is the fourth item on the agenda of the session, and


Adopts this first day of July of the year one thousand nine hundredand forty-nine the following Convention, which may be cited as theRight to Organise and Collective Bargaining Convention 1949:

Article 1 [prohibition of anti-union discrimination]1. Workers shall enjoy adequate protection against acts of anti-union

discrimination in respect of their employment2. Such protection shall apply more particularly in respect of acts

calculated to:a) Make the employment of a worker subject to the condition that heshall not join a union or shall relinquish trade union membership;b) Cause the dismissal of or otherwise prejudice a worker by reason ofunion membership or because of participation in union activities outsideworking hours or, with the consent of the employer, within workinghours.

Article 2 [prohibition of interference with unions]1. Workers’ and employers’ organizations shall enjoy adequate

protection against any acts of interference by each others’ agents ormembers in their establishment, functioning or administration.

2. In particular, acts which are designed to promote the establishmentof workers’ organisations under the domination of employers oremployers’ organizations, or to support workers’ organizations byfinancial or other means, with the object of placing such organizationsunder the control of employers or employers’ organizations, shall bedeemed to constitute acts of interference within the meaning of thisArticle.

Article 3 [right to organise]Machinery appropriate to national conditions shall be established,

where necessary, for the purpose of ensuring respect for the right toorganise as defined in the preceding articles.

Article 4 [promotion of collective bargaining]Measures appropriate to national conditions shall be taken, where

necessary, to encourage and promote the full development and utilisationof machinery for voluntary negotiation between employers oremployers’ organizations and workers’ organizations, with a view tothe regulation of terms and conditions of employment by means ofcollective agreements.

Article 5 [armed forces, police]1. The extent to which the guarantees provided for in this Convention

shall apply to the armed forces and the police shall be determined bynational laws or regulations.

2. In accordance with the principle as set forth in paragraph 8 ofarticle 19 of the Constitution of the International Labour Organisationthe ratification of this Convention by any member shall not be deemedto affect any existing law, award, custom or agreement in virtue ofwhich members of the armed forces or the police enjoy any rightguaranteed by this Convention.

Article 6 [public servants]This Convention does not deal with the position of public servants

1 C.3 ILO CONVENTION (NO. 098) CONCERNING THE APPLICATION OF THE PRINCIPLES OF THERIGHT TO ORGANISE AND TO BARGAIN COLLECTIVELY

-adopted on 1 July 1949 by the General Conference of the International Labour Organisation-entered into force on 18 July 1951-ratifications, etc.: 154 as per 15 July 2004

engaged in the administration of the State, nor shall it be construed asprejudicing their rights or status in any way.

Article 7 [ratifications]The formal ratifications of this Convention shall be communicated

to the Director-General of the International Labour Office forregistration.

Article 8 [entry into force]1. This Convention shall be binding only upon those Members of

the International Labour Organisation whose ratifications have beenregistered with the Director-General.

2. It shall come into force twelve months after the date on which theratifications of two Members have been registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Membertwelve months after the date on which its ratifications has beenregistered

Article 9 [territorial application]1. Declarations communicated to the Director-General of the

International Labour Office in accordance with paragraph 2 of article35 of the Constitution of the International Labour Organisation shallindicate —a) the territories in respect of which the Member concerned undertakesthat the provisions of the Convention shall be applied withoutmodification;b) the territories in respect of which it undertakes that the provisions ofthe Convention shall be applied subject to modifications, together withdetails of the said modifications;c) the territories in respect of which the Convention is inapplicable andin such cases the grounds on which it is inapplicable;d) the territories in respect of which it reserves its decision pendingfurther consideration of the position.

2. The undertakings referred to in subparagraphs (a) and (b) ofparagraph 1 of this Article shall be deemed to be an integral part of theratification and shall have the force of ratification.

3. Any Member may at any time by a subsequent declaration cancelin whole or in part any reservation made in its original declaration invirtue of subparagraph (b), (c) or (d) of paragraph 1 of this Article.

4. Any Member may, at any time at which the Convention is subjectto denunciation in accordance with the provisions of Article 11,communicate to the Director-General a declaration modifying in anyother respect the terms of any former declaration and stating the presentposition in respect of such territories as it may specify.

Article 10 [declarations][. . . ]

Article 11 [denunciation]1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention firstcomes into force, by an Act communicated to the Director-General ofthe International Labour Office for registration. Such denunciationshould not take effect until one year after the date on which it isregistered.2. Each Member which has ratified this Convention and which doesnot, within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expirationof each period of ten years under the terms provided for in this Article.

Article 12- 16 [final articles]

1 C.3 ILO CONVENTION (NO. 098) CONCERNING THE APPLICATION OF THE PRINCIPLES OFTHE RIGHT TO ORGANISE AND TO BARGAIN COLLECTIVELY

51

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 sessionon 6 June 1951, and

Having decided upon the adoption of certain proposals with regardto the principle of equal remuneration for men and women workers forwork of equal value, which is the seventh item on the agenda of thesession, and

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

Article 1 [definition of equal remuneration]For the purpose of this Convention:a) The term “remuneration” includes the ordinary, basic or minimum

wage or salary and any additional emoluments whatsoever payabledirectly or indirectly, whether in cash or in kind, by the employer to theworker and arising out of the worker’s employment;

b) The term “equal remuneration for men and women workers forwork of equal value” refers to rates of remuneration established withoutdiscrimination based on sex.

Article 2 [promotion of equal remuneration]1. Each Member shall, by means appropriate to the methods in

operation for determining rates of remuneration, promote and, in so faras is consistent with such methods, ensure the application to all workersof the principle of equal remuneration for men and women workers forwork 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; ord) A combination of these various means.

Article 3 [promotion of objective appraisal of jobs]1. Where such action will assist in giving effect to the provisions of

this Convention, measures shall be taken to promote objective appraisalof jobs on the basis of the work to be performed.

2. The methods to be followed in this appraisal may be decided uponby the authorities responsible for the determination of rates ofremuneration, or, where such rates are determined by collectiveagreements, by the parties thereto.

3. Differential rates between workers, which correspond, withoutregard to sex, to differences, as determined by such objective appraisal,in the work to be performed, shall not be considered as being contraryto the principle of equal remuneration for men and women workers forwork of equal value.

Article 4 [co-operation]Each Member shall co-operate as appropriate with the employers’

and workers, organisations concerned for the purpose of giving effectto the provisions of this Convention.

Article 5 [ratification]The formal ratification of this Convention shall be communicated


1 C.4 ILO CONVENTION (NO. 100) CONCERNING EQUAL REMUNERATION FOR MEN ANDWOMEN WORKERS FOR WORK OF EQUAL VALUE

-adopted on 29 June 1951 by the General Conference of the International Labour Organisation at its thirty-fourth-session-entered into force 23 May 1953, in accordance with Article 6-ratifications, etc: 161 as per 15 July 2004




3. Thereafter, this Convention shall come into force for any Membertwelve months after the date on which its ratification has been registered.

Article 7 [territorial application]1. Declarations communicated to the Director-General of the

International Labour Office in accordance with paragraph 2 of article35 of the Constitution of the International Labour Organisation shallindicate:a) The territories in respect of which the Member concerned undertakesthat the provisions of the Convention shall be applied withoutmodification;b) The territories in respect of which it undertakes that the provisionsof the Convention shall be applied subject to modifications, togetherwith details of the said modifications;c) The territories in respect of which the Convention is inapplicableand in such cases the grounds on which it is inapplicable;d) The territories in respect of which it reserves its decisions pendingfurther consideration of the position.

2. The undertakings referred to in subparagraphs (a) and (b) ofparagraph I of this article shall be deemed to be an integral part of theratification and shall have the force of ratification.

3. Any member may at any time by a subsequent declaration cancelin whole or in part any reservation made in its original declaration byvirtue of subparagraphs (b), (c) or (d) of paragraph I of this article.

4. Any Member may, at any time at which the Convention is subjectto denunciation in accordance with the provisions of article 9,communicate to the Director-General a declaration modifying in anyother respect the terms of any former declaration and stating the presentposition in respect of such territories as it may specify.

Article 8 [declarations]1. Declarations communicated to the Director-General of the

International Labour Office in accordance with paragraphs 4 and 5 ofarticle 35 of the Constitution of the International Labour Organisationshall indicate whether the provisions of the Convention will be appliedin the territory concerned without modification or subject tomodification; when the declaration indicates that the provisions of theConvention will be applied subject to modification, it shall give detailsof the said modifications.

2. The Member, Members or international authority concerned mayat any time by a subsequent declaration renounce in whole or in partthe right to have recourse to any modification indicated in any formerdeclaration.

3. The Member, Members or international authority concerned may,at any time at which this Convention is subject to denunciation inaccordance with the provisions of article 9, communicate to the Director-General a declaration modifying in any other respect the terms of anyformer declaration and stating the present position in respect of theapplication of the Convention.

Article 9 - 14 [final provisions][ . . . ]

1 C.4 ILO CONVENTION (NO. 100) CONCERNING EQUAL REMUNERATION FOR MEN AND WOMEN WORKERSFOR WORK OF EQUAL VALUE

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International Labour Office, and having met in its fortieth session on 5June 1957, and

Having considered the question of forced labour, which is the fourthitem on the agenda of the session,

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

Having noted that the Slavery Convention, 1926, provides that allnecessary measures shall be taken to prevent compulsory or forcedlabour from developing into conditions analogous to slavery and theSupplementary Convention on the Abolition of Slavery, the Slave Trade,and Institutions and Practices Similar to Slavery, 1956, provides forthe complete abolition of debt bondage and serfdom, and

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

Having decided upon the adoption of further proposals with regardto the abolition of certain forms of forced or compulsory labourconstituting a violation of the rights of man referred to in the Charterof the United Nations and enunciated by the Universal Declaration ofHuman Rights, and


Adopts this twenty-fifth day of June of the year one thousand ninehundred and fifty seven the following Convention, which may be citedas the Abolition of Forced Labour Convention, 1957:

Article 1 [prohibition of forced labour]Each Member of the International Labour Organisation which ratifies

this Convention undertakes to suppress and not to make use of anyform, of forced or compulsory labour:a) As a means of political coercion or education or as a punishment forholding or expressing political views or views ideologically opposedto the established political, social or economic system;b) As a method of mobilising and using labour for purposes of economicdevelopment;c) As a means of labour discipline;d) As a punishment for having participated in strikes;e) As a means of racial, social, national or religious discrimination.

Article 2 [abolition of forced labour]Each Member of the International Labour Organisation which ratifies

this Convention Undertakes to take effective measures to secure theimmediate and complete abolition of forced or compulsory labour asspecified in Article 1 of this Convention.

Article 3 [ratifications]The formal ratifications of this Convention shall be communicated





3. Thereafter, this Convention shall come into force for any Membertwelve months after the date on which its ratifications has beenregistered.

1 C.5 ILO CONVENTION (NO. 105) CONCERNING THE ABOLITION OF FORCED LABOUR

-adopted 25 June 1957 by the General Conference of the International Labour Organisation at its 40th session-entered into force on 17 January 1959-ratifications, etc.: 161 as per 15 July 2004

1 C.5 ILO CONVENTION (NO. 105) CONCERNING THE ABOLITION OF FORCED LABOUR

Article 5 [denunciation]1. A member which has ratified this Convention may denounce it

after the expiration of ten years from the date on which the Conventionfirst comes into force, by an act communicated to the Director-generalof the International Labour Office for registration. Such denunciationshall not take effect until one year after the date on which it is registered.

2. Each member which has ratified this Convention and which doesnot, within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this article, will be bound for another period of tenyears and, thereafter, may denounce the Convention at the expirationof each period of ten years under the terms provided for in this article.

Article 6 [registration]1. The Director-General of the International Labour Office shall

notify all Members of the International Labour Organisation of theregistration of all ratifications and denunciations communicated to himby the Members of the Organisation.

2. When notifying the Members of the Organisation of the registrationof the second ratification communicated to him, the Director-Generalshall draw the attention of the Members of the Organisation to the dateupon which the Convention will come into force.

Article 7 [communications]The Director-General of the International Labour Office shall

communicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications and acts of denunciationregistered by him in accordance with the provisions of the precedingArticles.

Article 8 [reporting on the working of the convention]At such times as may consider necessary the Governing Body of the

International Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.

Article 9 [revision]1. Should the Conference adopt a new Convention revising this

Convention in whole or in part, then, unless the new Conventionotherwise provides:a) the ratification by a Member of the new revising Convention shallipso jure involve the immediate denunciation of this Convention,notwithstanding the provisions of Article 5 above, if and when the newrevising Convention shall have come into force;b) as from the date when the new revising Convention comes into forcethis Convention shall cease to be open to ratification by the Members.

2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but havenot ratified the revising Convention.

Article 10 [language]The English and French versions of the text of this Convention are

equally authoritative.

53


International Labour Office, and having met in its Forty-second Sessionon 4 June 1958, and

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

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

Considering that the Declaration of Philadelphia affirms that allhuman beings, irrespective of race, creed or sex, have the right to pursueboth their material well-being and their spiritual development inconditions of freedom and dignity, of economic security and equalopportunity, and

Considering further that discrimination constitutes a violation ofrights enunciated by the Universal Declaration of Human Rights,

adopts the twenty-fifth day of June of the year one thousand ninehundred and fifty-eight, the following Convention, which may be citedas the Discrimination (Employment and Occupation) Convention, 1958:

Article 1 [definition of discrimination]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 socialorigin, which has the effect of nullifying or impairing equality ofopportunity or treatment in employment or occupation.b) Such other distinction, exclusion or preference which has the effectof nullifying or impairing equality of opportunity or treatment inemployment or occupation as may be determined by the Memberconcerned after consultation with representative employers’ andworkers’ organizations, where such exist, and with other appropriatebodies.

2. Any distinction, exclusion or preference in respect of a particularjob based on the inherent requirements thereof shall not be deemed tobe discrimination.

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

Article 2 [national policy]Each Member for which this Convention is in force undertakes to

declare and pursue a national policy designed to promote, by methodsappropriate to national conditions and practice, equality of opportunityand treatment in respect of employment and occupation, with a view toeliminating any discrimination thereof.

Article 3 [details of obligations]Each member for which this Convention is in force undertakes, by

methods appropriate to national conditions and practisea) to seek co-operation of employers’ and workers’ organizations andother appropriate bodies in promoting the acceptance and observanceof this policy;b) to enact such legislation and to promote such educationalprogrammes as may be calculated to secure the acceptance andobservance of the policy;c) to repeal any statutory provisions and modify any administrativeinstructions or practises which are inconsistent with the policy;d) to pursue the policy in respect of employment under the direct controlof a national authority;e) to ensure observance of the policy in the activities of vocationalguidance, vocational training and placement services under the directionof a national authority;

1 C.6 ILO CONVENTION (NO. 111) CONCERNING DISCRIMINATION IN RESPECT OFEMPLOYMENT AND OCCUPATION

-adopted on 25 June 1958 by the General Conference of the International Labour Organisation-entry into force on 15 June 1960-ratifications: 160 as per 15 July 2004

1 C.6 ILO CONVENTION (NO. 111) CONCERNING DISCRIMINATION IN RESPECT OF EMPLOYMENT AND OCCUPATION

f) to indicate in its annual reports on the application of the Conventionthe action taken in pursuance of the policy and the results secured bysuch action.

Article 4 [exception; subject to appeal]Any measure affecting an individual who is justifiably suspected of,

or engaged in, activities prejudicial to the security of the State shall notbe deemed to be discrimination, provided that the individual concernedshall have the right to appeal to a competent body established inaccordance with national practice.

Article 5 [affirmative action]1. Special measures of protection or assistance provided in other

Conventions or recommendations adopted by the International LabourConference shall not be deemed discrimination.

2. Any Member may, after consultation with representativeemployers’ and workers’ organisations, where such exist, determinethat other special measures designed to meet the particular requirementsof persons who, for reasons such as sex, age, disablement, familyresponsibilities or social or cultural status, are generally recognised torequire special protection or assistance, shall not be deemed to bediscrimination.

Article 6 [application of convention]Each Member which ratifies this Convention undertakes to apply it

to non-metropolitan territories in accordance with the provisions of theConstitution of the International Labour Organisation.

Article 7 [depository]]The formal ratifications of this Convention shall be communicated






Article 9 [denunciation]1. A Member which has ratified this Convention may denounce it

after the expiration of ten years from the date on which the Conventionfirst comes into force, by an Act communicated to the Director-Generalof the International Labour Office for registration. Such denunciationshould not take effect until one year after the date on which it isregistered.

2. Each Member which has ratified this Convention and which doesnot, within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expirationof each period of ten years under the terms provided for in this Article.

Article 10 - 14 [final provisions][ . . . ]

54


International Labour Office, and having met in its Forty-eighth Sessionon 17 June 1964, and

Considering that the Declaration of Philadelphia recognises thesolemn obligation of the International Labour Organisation to furtheramong the nations of the world programmes which will achieve fullemployment and the raising of standards of living, and that the Preambleto the Constitution of the International Labour Organisation providesfor the prevention of unemployment and the provision of an adequateliving wage, and

Considering further that under the terms of the Declaration ofPhiladelphia it is the responsibility of the International LabourOrganisation to examine and consider the bearing of economic andfinancial policies upon employment policy in the light of thefundamental objective that all human beings, irrespective of race, creedor sex, have the right to pursue both their material well-being and theirspiritual development in conditions of freedom and dignity, of economicsecurity and equal opportunity, and

Considering that the Universal Declaration of Human Rights providesthat everyone has the right to work, to free choice of employment, tojust and favourable conditions of work and to protection againstunemployment, and

Noting the terms of existing international labour Conventions andRecommendations of direct relevance to employment policy, and inparticular of the Employment Service Convention andRecommendation, 1948, the Vocational Guidance Recommendation,1949, the Vocational Training Recommendation, 1962, and theDiscrimination (Employment and Occupation) Convention andRecommendation, 1958, and

Considering that these instruments should be placed in the widerframework of an international programme for economic expansion onthe basis of full, productive and freely chosen employment, and

Having decided upon the adoption of certain proposals with regardto employment policy, which are included in the eighth item on theagenda of the session, and


adopts the ninth day of July of the year one thousand nine hundredand sixty-four, the following Convention, which may be cited as theEmployment Policy Convention, 1964:

Article 1 [promotion of employment policy]1. With a view to stimulating economic growth and development,

raising levels of living, meeting manpower requirements andovercoming unemployment and underemployment, each Member shalldeclare and pursue, as a major goal, an active policy designed to promotefull, productive and freely chosen employment.

2. The said policy shall aim at ensuring that—a) there is work for all who are available for and seeking work;b) such work is as productive as possible;c) there is freedom of choice of employment and the fullest possibleopportunity for each worker to qualify for, and to use his skills andendowments in, a job for which he is well suited, irrespective of race,colour, sex, religion, political opinion, national extraction or socialorigin.

3. The said policy shall take due account of the stage and level ofeconomic development and the mutual relationships betweenemployment objectives and other economic and social objectives, andshall be pursued by methods that are appropriate to national conditionsand practices.

Article 2 [review and application]Each Member shall, by such methods and to such extent as may be

appropriate under national conditions:

1 C.7 ILO CONVENTION (NO. 122) CONCERNING EMPLOYMENT POLICY

-adopted at 48 th session of the ILO General Conference on 09 July 1964-entered into force on 15 July 1966-ratifications, etc.: 95 as per 15 July 2004

a) decide on and keep under review, within the framework of a co-ordinated economic and social policy, the measures to be adopted forattaining the objectives specified in Article 1;b) take such steps as may be needed, including when appropriate theestablishment of programmes, for the application of these measures.

Article 3 [consultations]In the application of this Convention, representatives of the persons

affected by the measures to be taken, and in particular representativesof employers and workers, shall be consulted concerning employmentpolicies, with a view to taking fully into account their experience andviews and securing their full co-operation in formulating and enlistingsupport for such policies.

Article 4 [ratification]The formal ratifications of this Convention shall be communicated






Article 6 [denunciation]1. A Member which has ratified this Convention may denounce it

after the expiration of ten years from the date on which the Conventionfirst comes into force, by an Act communicated to the Director-Generalof the International Labour Office for registration. Such denunciationshould not take effect until one year after the date on which it isregistered.

2. Each Member which has ratified this Convention and which doesnot, within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expirationof each period of ten years under the terms provided for in this Article.

Article 7 [role of ILO as depositary]1. The Director-General of the International Labour Office shall

notify all Members of the International Labour Organisation of theregistration of all ratifications and denunciations communicated to himby the Members of the Organisation.

2. When notifying the Members of the Organisation of the registrationof the second ratification communicated to him, the Director-Generalshall draw the attention of the Members of the Organisation to the dateupon which the Convention will come into force.

Article 8 [registration with the UN Secretary General]

Article 9 [reporting on the working of the Convention]At such times as may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.

Articles 10 and 11 [final articles][ . . . ]

1 C.7 ILO CONVENTION (NO. 122) CONCERNING EMPLOYMENT POLICY

55

1 C.8 ILO CONVENTION (NO. 138) CONCERNING MINIMUM AGE FOR ADMISSION TOEMPLOYMENT

-adopted at the 58 th Session of the ILO General Conference in Geneva on 26 June 1973-entered into force on 19 June 1976-ratifications, etc.: 134 as per 15 July 2004

1 C.8 ILO CONVENTION (NO. 138) CONCERNING MINIMUM AGE FOR ADMISSION TO EMPLOYMENT


International Labour Office, and having met in its Fifty-eighth Sessionon 6 June 1973, and

Having decided upon the adoption of certain proposals with regardto minimum age for admission to employment, which is the fourth itemon the agenda of the session, and

Noting the terms of the Minimum Age (Industry) Convention, 1919,the Minimum Age (Sea) Convention, 1920, the Minimum Age(Agriculture) Convention, 1921, the Minimum Age (Trimmers andStokers) Convention, 1921, the Minimum Age (Non-IndustrialEmployment) Convention, 1932, the Minimum Age (Sea) Convention(Revised), 1936, the Minimum Age (Industry) Convention (Revised),1937, the Minimum Age (Non-Industrial Employment) Convention(Revised), 1937, the Minimum Age (Fishermen) Convention, 1959,and the Minimum Age (Underground Work) Convention, 1965, and

Considering that the time has come to establish a general instrumenton the subject, which would gradually replace the existing onesapplicable to limited economic sectors, with a view to achieving thetotal abolition of child labour, and


adopts the twenty-sixth day of June of the year one thousand ninehundred and seventy-three, the following Convention, which may becited as the Minimum Age Convention, 1973:

Article 1 [abolition of child labour and raising minimum age]Each Member for which this Convention is in force undertakes to

pursue a national policy designed to ensure the effective abolition ofchild labour and to raise progressively the minimum age for admissionto employment or work to a level consistent with the fullest physicaland mental development of young persons.

Article 2 [specification of age; normally at least 15 years]1. Each Member which ratifies this Convention shall specify, in a

declaration appended to its ratification, a minimum age for admissionto employment or work within its territory and on means of transportregistered in its territory; subject to Articles 4 to 8 of this Convention,no one under that age shall be admitted to employment or work in anyoccupation.

2. Each Member which has ratified this Convention may subsequentlynotify the Director-General of the International Labour Office, by furtherdeclarations, that it specifies a minimum age higher than that previouslyspecified.

3. The minimum age specified in pursuance of paragraph 1 of thisArticle shall not be less than the age of completion of compulsoryschooling and, in any case, shall not be less than 15 years.

4. Notwithstanding the provisions of paragraph 3 of this Article, aMember whose economy and educational facilities are insufficientlydeveloped may, after consultation with the organisations of employersand workers concerned, where such exist, initially specify a minimumage of 14 years.

5. Each Member which has specified a minimum age of 14 years inpursuance of the provisions of the preceding paragraph shall include inits reports on the application of this Convention submitted under article22 of the constitution of the International Labour Organisation astatement—a) that its reason for doing so subsists; orb) that it renounces its right to avail itself of the provisions in questionas from a stated date.

Article 3 [for dangerous work minimum age is 18 years]1. The minimum age for admission to any type of employment or

work which by its nature or the circumstances in which it is carried outis likely to jeopardise the health, safety or morals of young personsshall not be less than 18 years.

2. The types of employment or work to which paragraph 1 of thisArticle applies shall be determined by national laws or regulations orby the competent authority, after consultation with the organisations ofemployers and workers concerned, where such exist.

3. Notwithstanding the provisions of paragraph 1 of this Article,national laws or regulations or the competent authority may, afterconsultation with the organisations of employers and workersconcerned, where such exist, authorise employment or work as fromthe age of 16 years on condition that the health, safety and morals ofthe young persons concerned are fully protected and that the youngpersons have received adequate specific instruction or vocationaltraining in the relevant branch of activity.

Article 4 [exception clause]1. In so far as necessary, the competent authority, after consultation

with the organisations of employers and workers concerned, where suchexist, may exclude from the application of this Convention limitedcategories of employment or work in respect of which special andsubstantial problems of application arise.

2. Each Member which ratifies this Convention shall list in its firstreport on the application of the Convention submitted under article 22of the Constitution of the International Labour Organisation anycategories which may have been excluded in pursuance of paragraph 1of this Article, giving the reasons for such exclusion, and shall state insubsequent reports the position of its law and practice in respect of thecategories excluded and the extent to which effect has been given or isproposed to be given to the Convention in respect of such categories.

3. Employment or work covered by Article 3 of this Conventionshall not be excluded from the application of the Convention inpursuance of this Article.

Article 5 [possible limitation of scope of Convention]1. A Member whose economy and administrative facilities are

insufficiently developed may, after consultation with the organisationsof employers and workers concerned, where such exist, initially limitthe scope of application of this Convention.

2. Each Member which avails itself of the provisions of paragraph 1of this Article shall specify, in a declaration appended to its ratification,the branches of economic activity or types of undertakings to which itwill apply the provisions of the Convention.

3. The provisions of the Convention shall be applicable as a minimumto the following: mining and quarrying; manufacturing; construction;electricity, gas and water; sanitary services; transport, storage andcommunication; and plantations and other agricultural undertakingsmainly producing for commercial purposes, but excluding family andsmall-scale holdings producing for local consumption and not regularlyemploying hired workers.

4. Any Member which has limited the scope of application of thisConvention in pursuance of this Article-a) shall indicate in its reports under article 22 of the Constitution of theInternational Labour Organisation the general position as regards theemployment or work of young persons and children in the branches ofactivity which are excluded from the scope of application of thisConvention and any progress which may have been made towards widerapplication of the provisions of the Convention;b) may at any time formally extend the scope of application by adeclaration addressed to the Director-General of the InternationalLabour Office.

56

Article 6 [exceptions]This Convention does not apply to work done by children and young

persons in schools for general, vocational or technical education or inother training institutions, or to work done by persons at least 14 yearsof age in undertakings, where such work is carried out in accordancewith conditions prescribed by the competent authority, after consultationwith the organisations of employers and workers concerned, where suchexist, and is an integral part of—a) a course of education or training for which a school or traininginstitution is primarily responsible;b) a programme of training mainly or entirely in an undertaking, whichprogramme has been approved by the competent authority; orc) a programme of guidance or orientation designed to facilitate thechoice of an occupation or of a line of training.

Article 7 [work conditions for persons between 13 and 15 years]1. National laws or regulations may permit the employment or work

of persons 13 to 15 years of age on light work which is—a) not likely to be harmful to their health or development; andb) not such as to prejudice their attendance at school, their participationin vocational orientation or training programmes approved by thecompetent authority or their capacity to benefit from the instructionreceived.

2. National laws or regulations may also permit the employment orwork of persons who are at least 15 years of age but have not yetcompleted their compulsory schooling on work which meets therequirements set forth in sub-paragraphs (a) and (b) of paragraph 1 ofthis Article.

3. The competent authority shall determine the activities in whichemployment or work may be permitted under paragraphs 1 and 2 ofthis Article and shall prescribe the number of hours during which andthe conditions in which such employment or work may be undertaken.

4. Notwithstanding the provisions of paragraphs 1 and 2 of thisArticle, a Member which has availed itself of the provisions of paragraph4 of Article 2 may, for as long as it continues to do so, substitute theages 12 and 14 for the ages 13 and 15 in paragraph 1 and the age 14 forthe age 15 in paragraph 2 of this Article.

Article 8 [individual exceptions]1. After consultation with the organisations of employers and workers

concerned, where such exist, the competent authority may, by permitsgranted in individual cases, allow exceptions to the prohibition ofemployment or work provided for in Article 2 of this Convention, forsuch purposes as participation in artistic performances.

2. Permits so granted shall limit the number of hours during whichand prescribe the conditions in which employment or work is allowed.

Article 9 [obligations of States Parties]1. All necessary measures, including the provision of appropriate

penalties, shall be taken by the competent authority to ensure theeffective enforcement of the provisions of this Convention.

2. National laws or regulations or the competent authority shall definethe persons responsible for compliance with the provisions giving effectto the Convention.

3. National laws or regulations or the competent authority shallprescribe the registers or other documents which shall be kept and madeavailable by the employer; such registers or documents shall containthe names and ages or dates of birth, duly certified wherever possible,of persons whom he employs or who work for him and who are lessthan 18 years of age.

Article 10 [impact of this Convention on other Conventions]1. This Convention revises, on the terms set forth in this Article, the

Minimum Age (Industry) Convention, 1919, the Minimum Age (Sea)Convention, 1920, the Minimum Age (Agriculture) Convention, 1921,the Minimum Age (Trimmers and Stokers) Convention, 1921, theMinimum Age (Non-Industrial Employment) Convention, 1932, theMinimum Age (Sea) Convention (Revised), 1936, the Minimum Age(Industry) Convention (Revised), 1937, the Minimum Age (Non-Industrial Employment) Convention (Revised), 1937, the Minimum Age(Fishermen) Convention, 1959, and the Minimum Age (UndergroundWork) Convention, 1965.

2. The coming into force of this Convention shall not close theMinimum Age (Sea) Convention (Revised), 1936, the Minimum Age(Industry) Convention (Revised), 1937, the Minimum Age (Non-Industrial Employment) Convention (Revised), 1937, the Minimum Age(Fishermen) Convention, 1959, or the Minimum Age (UndergroundWork) Convention, 1965, to further ratification.

3. The Minimum Age (Industry) Convention, 1919, the MinimumAge (Sea) Convention, 1920, the Minimum Age (Agriculture)Convention, 1921, and the Minimum Age (Trimmers and Stokers)Convention, 1921, shall be closed to further ratification when all theparties thereto have consented to such closing by ratification of thisConvention or by a declaration communicated to the Director-Generalof the International Labour Office.

4. When the obligations of this Convention are accepted—a) by a Member which is a party to the Minimum Age (Industry)Convention (Revised), 1937, and a minimum age of not less than 15years is specified in pursuance of Article 2 of this Convention, thisshall ipso jure involve the immediate denunciation of that Convention,b) in respect of non-industrial employment as defined in the MinimumAge (Non-Industrial Employment) Convention, 1932, by a Memberwhich is a party to that Convention, this shall ipso jure involve theimmediate denunciation of that Convention,c) in respect of non-industrial employment as defined in the MinimumAge (Non-Industrial Employment) Convention (Revised), 1937, by aMember which is a party to that Convention, and a minimum age ofnot less than 15 years is specified in pursuance of Article 2 of thisConvention, this shall ipso jure involve the immediate denunciation ofthat Convention,d) in respect of maritime employment, by a Member which is a partyto the Minimum Age (Sea) Convention (Revised), 1936, and a minimumage of not less than 15 years is specified in pursuance of Article 2 ofthis Convention or the Member specifies that Article 3 of thisConvention applies to maritime employment, this shall ipso jure involvethe immediate denunciation of that Convention,e) in respect of employment in maritime fishing, by a Member whichis a party to the Minimum Age (Fishermen) Convention, 1959, and aminimum age of not less than 15 years is specified in pursuance ofArticle 2 of this Convention or the Member specifies that Article 3 ofthis Convention applies to employment in maritime fishing, this shallipso jure involve the immediate denunciation of that Convention,f) by a Member which is a party to the Minimum Age (UndergroundWork) Convention, 1965, and a minimum age of not less than the agespecified in pursuance of that Convention is specified in pursuance ofArticle 2 of this Convention or the Member specifies that such an ageapplies to employment underground in mines in virtue of Article 3 ofthis Convention, this shall ipso jure involve the immediate denunciationof that Convention, if and when this Convention shall have come intoforce.

5. Acceptance of the obligations of this Convention—a) shall involve the denunciation of the Minimum Age (Industry)Convention, 1919, in accordance with Article 12 thereof,b) in respect of agriculture shall involve the denunciation of theMinimum Age (Agriculture) Convention, 1921, in accordance withArticle 9 thereof,c) in respect of maritime employment shall involve the denunciationof the Minimum Age (Sea) Convention, 1920, in accordance with Article10 thereof, and of the Minimum Age (Trimmers and Stokers)Convention, 1921, in accordance with Article 12 thereof, if and whenthis Convention shall have come into force.

Article 11 -15 [final articles][ . . . ]

Article 16At such times as may consider necessary the Governing Body of the

International Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.

Articles 17 and 18 [final articles] [ . . . ]

1 C.8 CONVENTION (NO. 138) CONCERNING MINIMUM AGE FOR ADMISSION TO EMPLOYMENT

57

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

Considering the need to adopt new instruments for the prohibitionand elimination of the worst forms of child labour, as the main priorityfor national and international action, including international cooperationand assistance, to complement the Convention and the Recommendationconcerning Minimum Age for Admission to Employment, 1973, whichremain fundamental instruments on child labour, and

Considering that the effective elimination of the worst forms of childlabour requires immediate and comprehensive action, taking intoaccount the importance of free basic education and the need to removethe children concerned from all such work and to provide for theirrehabilitation and social integration while addressing the needs of theirfamilies, and

Recalling the resolution concerning the elimination of child labouradopted by the International Labour Conference at its 83rd Session in1996, and

Recognizing that child labour is to a great extent caused by povertyand that the long-term solution lies in sustained economic growthleading to social progress, in particular poverty alleviation and universaleducation, and

Recalling the Convention on the Rights of the Child adopted by theUnited Nations General Assembly on 20 November 1989, andRecalling the ILO Declaration on Fundamental Principles and Rightsat Work and its Follow-up, adopted by the International LabourConference at its 86th Session in 1998, and

Recalling that some of the worst forms of child labour are coveredby other international instruments, in particular the Forced LabourConvention, 1930, and the United Nations Supplementary Conventionon the Abolition of Slavery, the Slave Trade, and Institutions andPractices Similar to Slavery, 1956, and

Having decided upon the adoption of certain proposals with regardto child labour, which is the fourth item on the agenda of the session,andHaving determined that these proposals shall take the form of aninternational Convention;

adopts this seventeenth day of June of the year one thousand ninehundred and ninety-nine the following Convention, which may be citedas the Worst Forms of Child Labour Convention, 1999.

Article 1 [prohibition and elimination of child labour]Each Member which ratifies this Convention shall take immediate

and effective measures to secure the prohibition and elimination of theworst forms of child labour as a matter of urgency.

Article 2 [definition of child]For the purposes of this Convention, the term child shall apply to all

persons under the age of 18.

Article 3 [definition of worst forms of child labour]For the purposes of this Convention, the term the worst forms of

child labour comprises:a all forms of slavery or practices similar to slavery, such as the saleand trafficking of children, debt bondage and serfdom and forced orcompulsory labour, including forced or compulsory recruitment ofchildren for use in armed conflict;b) the use, procuring or offering of a child for prostitution, for theproduction of pornography or for pornographic performances;c) the use, procuring or offering of a child for illicit activities, inparticular for the production and trafficking of drugs as defined in therelevant international treaties;

1 C.9 ILO CONVENTION (NO. 182) CONCERNING THE PROHIBITION AND IMMEDIATE ACTIONFOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOUR

- adopted at the 87 th session of the ILO General Conference in Geneva on 17 June 1999- entered into force on 19 November 2000- ratifications, etc.: 150 as per 15 July 2004

d) work which, by its nature or the circumstances in which it is carriedout, is likely to harm the health, safety or morals of children.

Article 4 [application of national legislation]1. The types of work referred to under Article 3(d) shall be determined

by national laws or regulations or by the competent authority, afterconsultation with the organizations of employers and workersconcerned, taking into consideration relevant international standards,in particular Paragraphs 3 and 4 of the Worst Forms of Child LabourRecommendation, 1999.

2. The competent authority, after consultation with the organizationsof employers and workers concerned, shall identify where the types ofwork so determined exist.

3. The list of the types of work determined under paragraph 1 of thisArticle shall be periodically examined and revised as necessary, inconsultation with the organizations of employers and workersconcerned.

Article 5 [monitoring]Each Member shall, after consultation with employers’ and workers’

organizations, establish or designate appropriate mechanisms to monitorthe implementation of the provisions giving effect to this Convention.

Article 6 [programmes of action]1. Each Member shall design and implement programmes of action

to eliminate as a priority the worst forms of child labour.2. Such programmes of action shall be designed and implemented in

consultation with relevant government institutions and employers’ andworkers’ organizations, taking into consideration the views of otherconcerned groups as appropriate.

Article 7 [elements in programmes of action]1. Each Member shall take all necessary measures to ensure the

effective implementation and enforcement of the provisions givingeffect to this Convention including the provision and application ofpenal sanctions or, as appropriate, other sanctions.

2. Each Member shall, taking into account the importance ofeducation in eliminating child labour, take effective and time-boundmeasures to:a) prevent the engagement of children in the worst forms of childlabour;b) provide the necessary and appropriate direct assistance for theremoval of children from the worst forms of child labour and fortheir rehabilitation and social integration;c) ensure access to free basic education, and, wherever possible andappropriate, vocational training, for all children removed from theworst forms of child labour;d) identify and reach out to children at special risk; ande) take account of the special situation of girls.

3. Each Member shall designate the competent authorityresponsible for the implementation of the provisions giving effect tothis Convention.

Article 8 [international cooperation]Members shall take appropriate steps to assist one another in

giving effect to the provisions of this Convention through enhancedinternational cooperation and/or assistance including support forsocial and economic development, poverty eradication programmesand universal education.

Article 9- 16 [final articles]

1 C.9 ILO CONVENTION (NO. 182) CONCERNING THE PROHIBITION AND IMMEDIATE ACTION FOR THEELIMINATION OF THE WORST FORMS OF CHILD LABOUR

58

PRELIMINARY OBSERVATIONS1. The following rules are not intended to describe in detail a model

system of penal institutions. They seek only, on the basis of the generalconsensus of contemporary thought and the essential elements of themost adequate systems of today, to set out what is generally acceptedas being good principle and practice in the treatment of prisoners andthe management of institutions.

2. In view of the great variety of legal, social, economic andgeographical conditions of the world, it is evident that not all of therules are capable of application in all places and at all times. Theyshould, however, serve to stimulate a constant endeavour to overcomepractical difficulties in the way of their application, in the knowledgethat they represent, as a whole, the minimum conditions which areaccepted as suitable by the United Nations.

3. On the other hand, the rules cover a field in which thought isconstantly developing. They are not intended to preclude experimentand practices, provided these’ are in harmony with the principles andseek to further the purposes which derive from the text of the rules as awhole. It will always be justifiable for the central prison administrationto authorize departures from the rules in this spirit.

4. 1. Part I of the rules covers the general management of institutions,and is applicable to all categories of prisoners, criminal or civil, untriedor convicted, including prisoners subject to “security measures” orcorrective measures ordered by the judge.

2. Part II contains rules applicable only to the special categoriesdealt with in each section. Nevertheless, the rules under section A,applicable to prisoners under sentence, shall be equally applicable tocategories of prisoners dealt with in sections B, C and D, provided theydo not conflict with the rules governing those categories and are fortheir benefit.

5. 1. The rules do not seek to regulate the management of institutionsset aside for young persons such as Borstal institutions or correctionalschools, but in general part I would be equally applicable in suchinstitutions.

2. The category of young prisoners should include at least all youngpersons who come within the jurisdiction of juvenile courts. As a rule,such young persons should not be sentenced to imprisonment.

PART I RULES OF GENERAL APPLICATIONBasic principle

6. 1. The following rules shall he applied impartially. There shallbe no discrimination on grounds of race colour, sex, language, religion,political or other opinion, national or social origin, property, birth orother status.

2. On the other hand, it is necessary to respect the religious beliefsand moral precepts of the group to which a prisoner belongs.Register

7. 1. In every place where persons are imprisoned there shall bekept a bound registration book with numbered pages in which shall beentered in respect of each prisoner received:a) Information concerning his identity;b) The reasons for his commitment and the authority therefor;c) The day and hour of his admission and release.

2. No person shall be received in an institution without a validcommitment order of which the details shall have been previouslyentered in the register.Separation of categories

8. The different categories of prisoners shall he kept in separateinstitutions or parts of institutions taking account of their sex, age,criminal record, the legal reason for their detention and the necessitiesof their treatment. Thus,a) Men and women shall so far as possible be detained in separateinstitutions; in an institution which receives both men and women thewhole of the premises allocated to women shall be entirely separate;b) Untried prisoners shall be kept separate from convicted prisoners;

1 D.1 STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS

-adopted by First UN Congress on the Prevention of Crime and the Treatment of Offenders, Geneva, 1955-approved by the ECOSOC by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977


c) Persons imprisoned for debt and other civil prisoners shall be keptseparate from persons imprisoned by reason of a criminal offence;d) Young prisoners shall be kept separate from adults.Accommodation

9. 1. Where sleeping accommodation is in individual cells or rooms,each prisoner shall occupy by night a cell or room by himself. If forspecial reasons, such as temporary overcrowding, it becomes necessaryfor the central prison administration to make an exception to this rule,it is not desirable to have two prisoners in a cell or room.

2. Where dormitories are used, they shall be occupied by prisonerscarefully selected as being suitable to associate with one another inthose conditions. There shall be regular supervision by night, in keepingwith the nature of the institution.

10. All accommodation provided for the use of prisoners and inparticular all sleeping accommodation shall meet all requirements ofhealth, due regard being paid to climatic conditions and particularly tocubic content of air, minimum floor space, lighting, heating andventilation.

11.In all places where prisoners are required to live or work,a) The windows shall be large enough to enable the prisoners to read orwork by natural light, and shall be so constructed that they can allowthe entrance of fresh air whether or not there is artificial ventilation;b) Artificial light shall be provided sufficient for the prisoners to reador work without injury to eyesight.

12. The sanitary installations shall be adequate to enable everyprisoner to comply with the needs of nature when necessary and in aclean and decent manner.

13. Adequate bathing and shower installations shall be providedso that every prisoner may be enabled and required to have a bath orshower, at a temperature suitable to the climate, as frequently asnecessary for general hygiene according to season and geographicalregion, but at least once a week in a temperate climate.

14. All parts of an institution regularly used by prisoners shall heproperly maintained and kept scrupulously clean at all times.Personal hygiene

15. Prisoners shall be required to keep their persons clean, and tothis end they shall be provided with water and with such toilet articlesas are necessary for health and cleanliness.

16. In order that prisoners may maintain a good appearancecompatible with their self-respect, facilities shall be provided for theproper care of the hair and beard, and men shall be enabled to shaveregularly.Clothing and bedding

17. 1. Every prisoner who is not allowed to wear his own clothingshall be provided with an outfit of clothing suitable for the climate andadequate to keep him’!n good health. Such clothing shall in no mannerbe degrading or humiliating.

2. All clothing shall be clean and kept in proper condition. Under-clothing shall be changed and washed as often as necessary for themaintenance of hygiene.

3. In exceptional circumstances, whenever a prisoner is removedoutside the institution for an authorized purpose, he shall be allowed towear his own clothing or other inconspicuous clothing.

18. If prisoners are allowed to wear their own clothing,arrangements shall be made on their admission to the institution toensure that it shall be clean and fit for use.

19. Every prisoner shall, in accordance with local or nationalstandards, be provided with a separate bed, and with separate andsufficient bedding which shall be clean when issued, kept in good orderand changed often enough to ensure its cleanliness.Food

20. 1. Every prisoner shall be provided by the administration at theusual hours with food of nutritional value adequate for health andstrength, of wholesome quality and well prepared and served.

2. Drinking water shall be available to every prisoner whenever heneeds it.


Exercise and sport21. 1. Every prisoner who is not employed in outdoor work shall

have at least one hour of suitable exercise in the open air daily if theweather permits.

2. Young prisoners, and others of suitable age and physique, shallreceive physical and recreational training during the period of exercise.To this end space, installations and equipment should be provided.Medical services

22. 1. At every institution there shall be available the services of atleast one qualified medical officer who should have some knowledgeof psychiatry. The medical services should be organized in closerelationship to the general health administration of the community ornation. They shall include a psychiatric service for the diagnosis and,in proper cases, the treatment of states of mental abnormality.

2. Sick prisoners who require specialist treatment shall be transferredto specialized institutions or to civil hospitals. Where hospital facilitiesare provided in an institution, their equipment, furnishings andpharmaceutical supplies shall be proper for the medical care andtreatment of sick prisoners, and there shall be a staff of suitable trainedofficers.

3. The services of a qualified dental officer shall be available toevery prisoner.

23. 1. In women’s institutions there shall be special accommodationfor all necessary pre-natal and post-natal care and treatment.Arrangements shall be made wherever practicable for children to beborn in a hospital outside the institution. If a child is born in prison,this fact shall not be mentioned in the birth certificate.

2. Where nursing infants are allowed to remain in the institutionwith their mothers, provision shall be made for a nursery staffed byqualified persons, where the infants shall be placed when they are notin the care of their mothers.

24. The medical officer shall see and examine every prisoner assoon as possible after his admission and thereafter as necessary, with aview particularly to the discovery of physical or mental illness and thetaking of all necessary measures; the segregation of prisoners suspectedof infectious or contagious conditions; the noting of physical or mentaldefects which might hamper rehabilitation, and the determination ofthe physical capacity of every prisoner for work.

25. 1. The medical officer shall have the care of the physical andmental health of the prisoners and should daily see all sick prisoners,allwho complain of illness, and any prisoner to whom his attention isspecially directed.

2. The medical officer shall report to the director whenever heconsiders that a prisoner’s physical or mental health has been or willbe injuriously affected by continued imprisonment or by any conditionof imprisonment.

26. 1. The medical officer shall regularly inspect and advise thedirector upon:a) The quantity, quality, preparation and service of food;b) The hygiene and cleanliness of the institution and the prisoners;c) The sanitation, heating, lighting and ventilation of the institution;d) The suitability and cleanliness of the prisoners’ clothing and bedding;e) The observance of the rules concerning physical education and sports,in cases where there is no technical personnel in charge of theseactivities.

2. The director shall take into consideration the reports and advicethat the medical officer submits according to rules 25 (2) and 26 and,in case he concurs with the recommendations made, shall takeimmediate steps to give effect to those recommendations; if they arenot within his competence or if he does not concur with them, he shallimmediately submit his own report and the advice of the medical officerto higher authority.Discipline and punishment

27. Discipline and order shall be maintained with firmness, butwith no more restriction than is necessary for safe custody and well-ordered community life.

28. 1. No prisoner shall he employed, in the service of the institution,in any disciplinary capacity.

2. This rule shall not, however, impede the proper functioning ofsystems based on self-government, under which specified social,educational or sports activities or responsibilities are entrusted, undersupervision, to prisoners who are formed into groups for the purposesof treatment.

29. The following shall always be determined by the law or by theregulation of the competent administrative authority:a) Conduct constituting a disciplinary offence;b) The types and duration of punishment which may be inflicted;c) The authority competent to impose such punishment.

30. 1. No prisoner shall he punished except in accordance with theterms of such law or regulation, and never twice for the same offence.

2. No prisoner shall be punished unless he has been informed of theoffence alleged against him and given a proper opportunity of presentinghis defence. The competent authority shall conduct a thoroughexamination of the case.

3. Where necessary and practicable the prisoner shall be allowed tomake his defence through an interpreter.

31. Corporal punishment, punishment by placing in a dark cell,and all cruel, inhuman or degrading punishments shall be completelyprohibited as punishments for disciplinary offenses.

32. 1. Punishment by close confinement or reduction of diet shallnever be inflicted unless the medical officer has examined the prisonerand certified in writing that he is fit to sustain it.2. The same shall apply to any other punishment that may be prejudicialto the physical or mental health of a prisoner. In no case may suchpunishment he contrary to or depart from the principle stated in rule31.3. The medical officer shall visit daily prisoners undergoing suchpunishments and shall advise the director if he considers the terminationor alteration of the punishment necessary on grounds of physical ormental health.Instruments of restraint

33. Instruments of restraint, such as handcuffs, chains, irons andstrait-jackets, shall never be applied as a punishment. Furthermore,chains or irons shall not be used as restraints. Other instruments ofrestraint shall not be used except in the following circumstances:a) As a precaution against escape during a transfer, provided that theyshall be removed when the prisoner appears before a judicial oradministrative authority;b) On medical grounds by direction of the medical officer;c) By order of the director, if other methods of control fail, in order toprevent a prisoner from injuring himself or others or from damagingproperty; in such instances the director shall at once consult the medicalofficer and report to the higher administrative authority.

34. The patterns and manner of use of instruments of restraint shallbe decided by the central prison administration. Such instruments mustnot be applied for any longer time than is strictly necessary.Information to and complaints by prisoners

35. 1. Every prisoner on admission shall be provided with writteninformation about the regulations governing the treatment of prisonersof his category, the disciplinary requirements of the institution, theauthorized methods of seeking information and making complaints,and all such other matters as are necessary to enable him to understandboth his rights and his obligations and to adapt himself to the life of theinstitution.2. If prisoner is illiterate, the aforesaid information shall be conveyedto him orally.

36. 1. Every prisoner shall have the opportunity each week day ofmaking requests or complaints to the director of the institution or theofficer authorized to represent him.

2. It shall be possible to make requests or complaints to the inspectorof prisons during his inspection. The prisoner shall have the opportunityto talk to the inspector or to any other inspecting officer without thedirector or other members of the staff being present.

3. Every prisoner shall be allowed to make a request or complaint,without censorship as to substance but in proper form, to the centralprison administration, the judicial authority or other proper authoritiesthrough approved channels.

4. Unless it is evidently frivolous or groundless, every request orcomplaint shall be promptly dealt with and replied to without unduedelay.Contact with the outside world

37. Prisoners shall be allowed under necessary supervision tocommunicate with their family and reputable friends at regular intervals,both by correspondence and by receiving visits.

38. 1. Prisoners who are foreign nationals shall be allowedreasonable facilities to communicate with the diplomatic and consularrepresentatives of the State to which they belong.

60 1 D.1 STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS

2. Prisoners who are nationals of States without diplomatic orconsular representation in the country and refugees or stateless personsshall be allowed similar facilities to communicate with the diplomaticrepresentative of the State which takes charge of their interests or anynational or international authority whose task it is to protect suchpersons.

39. Prisoners shall be kept informed regularly of the more importantitems of news by the reading of newspapers, periodicals or specialinstitutional publications, by hearing wireless transmissions, by lecturesor by any similar means as authorized or controlled by theadministration.Books

40. Every institution shall have a library for the use of all categoriesof prisoners, adequately stocked with both recreational and instructionalbooks, and prisoners shall be encouraged to make full use of it.Religion

41. 1. If the institution contains a sufficient number of prisoners ofthe same religion, a qualified representative of that religion shall beappointed or approved. If the number of prisoners justifies it andconditions permit, the arrangement should be on a full-time basis.

2. A qualified representative appointed or approved under paragraph(1) shall be allowed to hold regular services and to pay pastoral visitsin private to prisoners of his religion at proper times.

3. Access to a qualified representative of any religion shall not berefused to any prisoner. On the other hand, if any prisoner should objectto a visit of any religious representative, his attitude shall he fullyrespected.

42. So far as practicable, every prisoner shall be allowed to satisfythe needs of his religious life by attending the services provided in theinstitution and having in his possession the books of religiousobservance and instruction of his denomination.Retention of prisoners property

43. 1. All money, valuables, clothing and other effects belongingto a prisoner which under the regulations of the institution he is notallowed to retain shall on his admission to the institution be placed insafe custody. An inventory thereof shall be signed by the prisoner. Stepsshall be taken to keep them in good condition.

2. On the release of the prisoner 811 such articles and money shallbe returned to him except in so far as he has been authorized to spendmoney or send any such property out of the institution, or it has beenfound necessary on hygienic grounds to destroy any article of clothing.The prisoner shall sign a receipt for the articles and money returned tohim.

3. Any money or effects received for a prisoner from outside shallbe treated in the same way.

4. If prisoner brings in any drugs or medicine, the medical officershall decide what use shall be made of them.Notification of death, illness, transfer, etc.

44. 1. Upon the death or serious illness off or serious injury to aprisoner, or his removal to an institution for the treatment of mentalaffections, the director shall at once inform the spouse, if the prisoneris married, or the nearest relative and shall in any event inform anyother person previously designated by the prisoner.

2. A prisoner shall he informed at once of the death or serious illnessof any near relative. In case of the critical illness of a near relative, theprisoner should be authorized, whenever circumstances allow, to go tohis bedside either under escort or alone.

3. Every prisoner shall have the right to inform at once his family ofhis imprisonment or his transfer to another institution.Removal of prisoners

45. 1. When the prisoners are being removed to or from aninstitution, they shall be exposed to public view as little as possible,and proper safeguards shall be adopted to protect them from insult,curiosity and publicity in any form.

2. The transport of prisoners in conveyances with inadequateventilation or light, or in any way which would subject them tounnecessary physical hardship, shall be prohibited.

3. The transport of prisoners shall be carried out at the expense ofthe administration and equal conditions shall obtain for all of them.Institutional personnel

46. 1. The prison administration, shall provide for the carefulselection of every grade of the personnel, since it is on their integrity,humanity, professional capacity and personal suitability for the workthat the proper administration of the institutions depends.

2. The prison administration shall constantly seek to awaken andmaintain in the minds both of the personnel and of the public theconviction that this work is a social service of great importance, and tothis end all appropriate means of informing the public should be used.

3. To secure the foregoing ends, personnel shall be appointed on afull-time basis as professional prison officers and have civil servicestatus with security of tenure subject only to good conduct, efficiencyand physical fitness. Salaries shall he adequate to attract and retainsuitable men and women; employment benefits and conditions of serviceshall be favourable in view of the exacting nature of the work.

47. 1. The personnel shall possess an adequate standard of educationand intelligence.

2. Before entering on duty, the personnel shall be given a course oftraining in their general and specific duties and be required to passtheoretical and practical tests.

3. After entering on duty and during their career, the personnel shallmaintain and improve their knowledge and professional capacity byattending courses of in-service training to be organized at suitableintervals.

48. All members of the personnel shall at all times so conductthemselves and perform their duties as to influence the prisoners forgood by their example and to command their respect.

49. 1. So far as possible, the personnel shall include a sufficientnumber of specialists such as psychiatrists, psychologists, socialworkers, teachers and trade instructors.

2. The services of social workers, teachers and trade instructors shallbe secured on a permanent basis, without thereby excluding part-timeor voluntary workers.

50. 1. The director of an institution should be adequately qualifiedfor his task by character, administrative ability, suitable training andexperience.

2. He shall devote his entire time to his official duties and shall notbe appointed on a part-time basis.

3. He shall reside on the premises of the institution or in its immediatevicinity.

4. When two or more institutions are under the authority of onedirector, he shall visit each of them at frequent intervals. A responsibleresident official shall be in charge of each of these institutions.

51. 1. The director, his deputy, and the majority of the otherpersonnel of the institution shall be able to speak the language of thegreatest number of prisoners, or a language understood by the greatestnumber of them.

2. Whenever necessary, the services of an interpreter shall be used.52. 1. In institutions which are large enough to require the services

of one or more full-time medical officers, at least one of them shallreside on the premises of the institution or in its immediate vicinity.

2. In other institutions the medical officer shall visit daily and shallreside near enough to be able to attend without delay in cases of urgency.

53. 1. In an institution for both men and women, the part of theinstitution set aside for women shall be under the authority of aresponsible woman officer who shall have the custody of the keys ofall that part of the institution.

2. No male member of the staff shall enter the part of the institutionset aside for women unless accompanied by a woman officer.

3. Women prisoners shall be attended and supervised only by womenofficers. This does not, however, preclude male members of the staff,particularly doctors and teachers, from carrying out their professionalduties in institutions or parts of institutions set aside for women.

54. 1. Officers of the institutions shall not, in their relations withthe prisoners, use force except in self-defence or in cases of attemptedescape, or active or passive physical resistance to an order based onlaw or regulations. Officers who have recourse to force must use nomore than is strictly necessary and must report the incident immediatelyto the director of the institution.

2. Prison officers shall be given special physical training to enablethem to restrain aggressive prisoners.

3. Except in special circumstances, staff performing duties whichbring them into direct contact with prisoners should not be armed.Furthermore, staff should in no circumstances be provided with armsunless they have been trained in their use.


Inspection55. There shall be a regular inspection of penal institutions and

services by qualified and experienced inspectors appointed by acompetent authority. Their task shall be in particular to ensure that theseinstitutions are administered in accordance with existing laws andregulations and with a view to bringing about the objectives of penaland correctional services.

PART II RULES APPLICABLE TO SPECIAL CATEGORIESA. PRISONERS UNDER SENTENCE

Guiding principles56. The guiding principles hereafter are intended to show the spirit

in which penal institutions should be administered and the purposes atwhich they should aim, in accordance with the declaration made underPreliminary Observation l of the present text.

57. Imprisonment and other measures which result in cutting offan offender from the outside world are afflictive by the very fact oftaking from the person the right of self-determination by depriving himof his liberty. Therefore the prison system shall not, except as incidentalto justifiable segregation or the maintenance of discipline, aggravatethe suffering inherent in such a situation.

58. The purpose and justification of a sentence of imprisonment ora similar measure deprivative of liberty is ultimately to protect societyagainst crime. This end can only he achieved if the period ofimprisonment is used to ensure, so far as possible, that upon his returnto society the offender is not only willing but able to lead a law-abidingand self-supporting life.

59. To this end, the institution should utilize all the remedial,educational, moral, spiritual and other forces and forms of assistancewhich are appropriate and available, and should seek to apply themaccording to the individual treatment needs of the prisoners.

60. 1. The regime of the institution should seek to minimize anydifferences between prison life and life at liberty which tend to lessenthe responsibility of the prisoners or the respect due to their dignity ashuman beings.

2. Before the completion of the sentence, it is desirable that thenecessary steps he taken to ensure for the prisoner a gradual return tolife in society. This aim may be achieved, depending on the case; by apre-release regime organized in the same institution or in anotherappropriate institution, or by release on trial under some kind ofsupervision which must not be entrusted to the police but should becombined with effective social aid.

61. The treatment of prisoners should emphasize not their exclusionfrom the community, but their continuing part in it. Community agenciesshould, therefore, be enlisted wherever possible to assist the staff ofthe institution in the task of social rehabilitation of the prisoners. Thereshould be in connection with every institution social workers chargedwith the duty of maintaining and improving all desirable relations of aprisoner with his family and with valuable social agencies. Steps shouldbe taken to safeguard, to the maximum extent compatible with the lawand the sentence, the rights relating to civil interests, social securityrights and other social benefits of prisoners.

62. The medical services of the institution shall seek to detect andshall treat any physical or mental illnesses or defects which may hampera prisoner’s rehabilitation. All necessary medical, surgical andpsychiatric services shall he provided to that end.

63. 1. The fulfilment of these principles requires individualizationof treatment and for this purpose a flexible system of classifyingprisoners in groups; it is therefore desirable that such groups should bedistributed in separate institutions suitable for the treatment of eachgroup.

2. These institutions need not provide the same degree of securityfor every group. It is desirable to provide varying degrees of securityaccording to the needs of different groups. Open institutions, by thevery fact that they provide no physical security against escape but relyon the self-discipline of the inmates, provide the conditions mostfavourable to rehabilitation for carefully selected prisoners.

3. It is desirable that the number of prisoners in closed institutionsshould not be so large that the individualization of treatment is hindered.In some countries it is considered that the population of such institutionsshould not exceed five hundred. In open institutions the populationshould be as small as possible.

4. On the other hand, it is undesirable to maintain prisons which areso small that proper facilities cannot be provided.

64. The duty of society does not end with a prisoner’s release. Thereshould, therefore, be governmental or private agencies capable oflending the released prisoner efficient after-care directed towards thelessening of prejudice against him and towards his social rehabilitation.Treatment

65. The treatment of persons sentenced to imprisonment or a similarmeasure shall have as its purpose, so far as the length of the sentencepermits, to establish in them the will to lead law-abiding and self-supporting lives after their release and to fit them to do so. The treatmentshall be such as will encourage their self-respect and develop their senseof responsibility.

66. 1. To these ends, all appropriate means shall he used, includingreligious care in the countries where this is possible, education,vocational guidance and training, social casework, employmentcounselling, physical development and strengthening of moral character,in accordance with the individual needs of each prisoner, taking accountof his social and criminal history, his physical and mental capacitiesand aptitudes, his personal temperament, the length of his sentenceand his prospects after release.

2. For every prisoner with a sentence of suitable length, the directorshall receive, as soon as possible after his admission, full reports on allthe matters referred to in the foregoing paragraph. Such reports shallalways include a report by a medical officer, wherever possible qualifiedin psychiatry, on the physical and mental condition of the prisoner.

3. The reports and other relevant documents shall be placed in anindividual file. This file shall be kept up to date and classified in sucha way that it can he consulted by the responsible personnel wheneverthe need arises.Classification and individualization

67. The purposes of classification shall be:a) To separate from others those prisoners who, by reason of theircriminal records or bad characters, are likely to exercise a bad influence;b) To divide the prisoners into classes in order to facilitate their treatmentwith a view to their social rehabilitation.

68. So far as possible separate institutions or separate sections ofan institution shall be used for the treatment of the different classes ofprisoners.

69. As soon as possible after admission and after a study of thepersonality of each prisoner with a sentence of suitable length, aprogramme of treatment shall be prepared for him in the light of theknowledge obtained about his individual needs, his capacities anddispositions.Privileges

70. Systems of privileges appropriate for the different classes ofprisoners and the different methods of treatment shall he established atevery institution, in order to encourage good conduct, develop a senseof responsibility and secure the interest and co-operation of the prisonersin their treatment.Work

71. 1. Prison labour must not be of an afflictive nature.2. All prisoners under sentence shall be required to work, subject to

their physical and mental fitness as determined by the medical officer.3. Sufficient work of a useful nature shall be provided to keep

prisoners actively employed for a normal working day.4. So far as possible the work provided shall be such as will maintain

or increase the prisoners’ ability to earn an honest living after release.5. Vocational training in useful trades shall be provided for prisoners

able to profit thereby and especially for young prisoners.6. Within the limits compatible with proper vocational selection and

with the requirements of institutional administration and discipline, theprisoners shall be able to choose the type of work they wish to perform.

72. 1. The organization and methods of work in the institutionsshall resemble as closely as possible those of similar work outsideinstitutions, so as to prepare prisoners for the conditions of normaloccupational life.

2. The interests of the prisoners and of their vocational training,however, must not be subordinated to the purpose of making a financialprofit from an industry in the institution.

73. 1. Preferably institutional industries and farms should beoperated directly by the administration and not by private contractors.

2. Where prisoners are employed in work not controlled by theadministration, they shall always be under the supervision of theinstitution’s personnel. Unless the work is for other departments of thegovernment the full normal wages for such work shall be paid to the

62 1 D.1 STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS

administration by the persons to whom the labour is supplied, accountbeing taken of the output of the prisoners.

74. 1. The precautions laid down to protect the safety and health offree workmen shall be equally observed in institutions.

2. Provision shall be made to indemnify prisoners against industrialinjury, including occupational disease, on terms not less favourablethan those extended by law to free workmen.

75. 1. The maximum daily and weekly working hours of theprisoners shall be fixed by law or by administrative regulation, takinginto account local rules or custom in regard to the employment of freeworkmen.

2. The hours so fixed shall leave one rest day a week and sufficienttime for education and other activities required as part of the treatmentand rehabilitation of the prisoners.

76. 1. There shall be a system of equitable remuneration of thework of prisoners.

2. Under the system prisoners shall be allowed to spend at least apart of their earnings on approved articles for their own use and to senda part r their earnings to their family.

3. The system should also provide that a part of the earnings shouldbe set aside b the administration so as to constitute a savings fund to behanded over to the prisoner on his release.Education and recreation

77. 1. Provision shall be made for the further education of allprisoners capable of profiting thereby, including religious instructionin the countries where this is possible. The education of illiterates andyoung prisoners shall be compulsory and special attention shall be paidto it by the administration.

2. So far as practicable, the education of prisoners shall be integratedwith the educational system of the country so that after their releasethey may continue their education without difficulty.

78. Recreational and cultural activities shall be provided in allinstitutions for the benefit of the mental and physical health of prisoners.Social relations and after-care

79. Special attention shall be paid to the maintenance andimprovement of such relations between a prisoner and his family asare desirable in the best interests of both.

80. From the beginning of a prisoner’s sentence consideration shallbe given to his future after release and he shall beencouraged and assisted to maintain or establish such relations withpersons or agencies outside the institution as may promote the bestinterests of his family and his own social rehabilitation.

81. 1. Services and agencies, governmental or otherwise, whichassist released prisoners to re-establish themselves in society shallensure, so far as is possible acid necessary, that released prisoners beprovided with appropriate documents and identification papers, havesuitable homes and work to go to, are suitably and adequately clothedhaving regard to the climate and season, and have sufficient means toreach their destination and maintain themselves in the periodimmediately following their release.

2. The approved representatives of such agencies shall have allnecessary access to the institution and to prisoners and shall be takeninto consultation as to the future of a prisoner from the beginning ofhis sentence.

3. It is desirable that the activities of such agencies shall be centralizedor co-ordinated as far as possible in order to secure the best use of theirefforts.

B. INSANE AND MENTALLY ABNORMAL PRISONERS82. 1. Persons who are found to be insane shall not be detained in

prisons and arrangements shall be made to remove them to mentalinstitutions as soon as possible.

2. Prisoners who suffer from other mental diseases or abnormalitiesshall be observed and treated in specialized institutions under medicalmanagement.

3. During their stay in a prison, such prisoners shall be placed underthe special supervision of a medical officer.

4. The medical or psychiatric service of the penal institutions shallprovide for the psychiatric treatment of all other prisoners who are inneed of such treatment.

83. It is desirable that steps should be taken, by arrangement withthe appropriate agencies, to ensure if necessary the continuation ofpsychiatric treatment after release and the provision of social-psychiatricafter-care.

C. PRISONERS UNDER ARREST OR AWAITING TRIAL84. 1. Persons arrested or imprisoned by reason of a criminal charge

against them, who are detained either in police custody or in prisoncustody (jail) but have not yet been tried and sentenced, will be referredto as “untried prisoners” hereinafter in these rules.

2. Unconvicted prisoners are presumed to be innocent and shall betreated as such.

3. Without prejudice to legal rules for the protection of individualliberty or prescribing the procedure to be observed in respect of untriedprisoners, these prisoners shall benefit by a special regime which isdescribed in the following rules in its essential requirements only.

85. 1. Untried prisoners shall be kept separate from convictedprisoners.

2. Young untried prisoners shall be kept separate from adults andshall in principle be detained in separate institutions.

86. Untried prisoners shall sleep singly in separate rooms, withthe reservation of different local custom in respect of the climate.

87. Within the limits compatible with the good order of theinstitution, untried prisoners may, if they so desire, have their foodprocured at their own expense from the outside, either through theadministration or through their family or friends. Otherwise, theadministration shall provide their food

88. 1. An untried prisoner shall be allowed to wear his own clothingif it is clean and suitable.

2. If he wears prison dress, it shall be different from that supplied toconvicted prisoners.

89. An untried prisoner shall always be offered opportunity to work,but shall not be required to work. If he chooses to work, he shall bepaid for it.

90. An untried prisoner shall be allowed to procure at his ownexpense or at the expense of a third party such books, newspapers,writing materials and other means of occupation as are compatible withthe interests of the administration of justice and the security and goodorder of the institution.

91. An untried prisoner shall be allowed to be visited and treatedby his own doctor or dentist if there is reasonable ground for hisapplication and he is able to pay any expenses incurred.

92. An untried prisoner shall be allowed to inform immediatelyhis family of his detention and shall be given all reasonable facilitiesfor communication with his family and friends, and for receiving visitsfrom them, subject only to restrictions and supervision as are necessaryin the interests of the administration of justice and of the security andgood order of the institution.

93. For the purposes of his defence, an untried prisoner shall beallowed to apply for free legal aid where such aid is available, and toreceive visits from his legal adviser with a view to his defence and toprepare and hand to him confidential instructions. For these purposes,he shall if he so desires be supplied with writing material. Interviewsbetween the prisoner and his legal adviser may be within sight but notwithin the hearing of a police or institution official.

D. CIVIL PRISONERS94. In countries where the law permits imprisonment for debt, or

by order of a court under any other non-criminal process, persons soimprisoned shall not he subjected to any greater restriction or severitythan is necessary to ensure safe custody and good order. Their treatmentshall be not less favourable than that of untried prisoners, with thereservation, however, that they may possibly be required to work.

E. PERSONS ARRESTED OR DETAINED WITHOUT CHARGE95. Without prejudice to the provisions of article 9 of the

International Covenant on Civil and Political Rights, persons arrestedor imprisoned without charge shall be accorded the same protection asthat accorded under part I and part II, section C. Relevant provisions ofpart II, section A, shall likewise be applicable where their applicationmay be conducive to the benefit of this special group of persons incustody, provided that no measures shall be taken implying that re-education or rehabilitation is in any way appropriate to persons notconvicted of any criminal offence.

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Article 1 [fulfilment of duty]Law enforcement officials shall at all times fulfil the duty imposed

upon them by law, by serving the community and by protecting allpersons against illegal acts, consistent with the high degree ofresponsibility required by their profession.

Commentary:a) The term “law enforcement officials” includes all officers of thelaw, whether appointed or elected, who exercise police powers,especially the powers of arrest or detention.b) In countries where police powers be exercised by militaryauthorities, whether uniformed or not, or by state security forces,the definition of law enforcement officials shall be regarded asincluding officers of such services.c) Service to the community is intended to include particularly therendition of services of assistance to those members of the communitywho by reason of personal, economic, social or other emergenciesMe in need of immediate aid.d) This provision is intended to cover not only all violent, predatoryand harmful acts, but extends to the full range of prohibitions underpenal statutes. It extends to conduct by persons not capable ofincurring criminal liability.

Article 2 [right to human dignity]In the performance of their duty, law enforcement officials shall

respect and protect human dignity and maintain and uphold the humanrights of all persons.

Commentary:a) The human rights in question are identified and protected bynational and international law. Among the relevant internationalinstruments are the Universal Declaration of Human Rights, theInternational Covers ant on Civil and Political Rights, the Declarationon the Protection of All Persons from Being Subjected to Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment,the United Nations Declaration on the Elimination of All Forms ofRacial Discrimination, the International Convention on theElimination of All Forms of Racial Discrimination, the InternationalConvention on the Suppression and Punishment of the Crime ofApartheid, the Convention on the Prevention and Punishment of theCrime of Genocide, the Standard Minimum Rules for the Treatmentof Prisoners and the Vienna Convention on Consular Relations.b) National commentaries to this provision should indicate regionalor national provisions identifying and protecting these rights.

Article 3 [use of force]Law enforcement officials may use force only when strictly necessary

and to the extent required for the performance of their duty.

Commentary:a) This provision emphasizes that the use of force by law enforcementofficials should be exceptional; while it implies that law enforcementofficials may be authorized to use force as is reasonably necessaryunder the circumstances for the prevention of crime or in effectingor assisting in the lawful arrest of offenders or suspected offenders,no force going beyond that may be used.b) National law ordinarily restricts the use of force by law enforce-ment officials in accordance with a principle of proportionality. It isto be understood that such national principles of proportionality areto be respected in the interpretation of this provision. In no caseshould this provision be interpreted to authorize the use of forcewhich is disproportionate to the legitimate objective to be achieved.c) The use of firearms is considered an extreme measure. Every effortshould be made to exclude the use of firearms, especially againstchildren. In general, firearms should not be used except when a

1 D.2 CODE OF CONDUCT FOR LAW ENFORCEMENT OFFICIALS

-adopted by the UN General Assembly in resolution 34/169 of 17 December 1979 at New York-preamble not reflected in this text

suspected offender offers armed resistance or otherwise jeopardizesthe lives of others and less extreme measures are not sufficient torestrain or apprehend the suspected offender. In every instance inwhich a firearm is discharged, a report should be made promptly tothe competent authorities.

Article 4 [confidentiality]Matters of a confidential nature in the possession of law enforcement

officials shall be kept confidential, unless the performance of duty orthe needs of justice strictly require otherwise.

Commentary:By the nature of their duties, law enforcement officials obtaininformation which may relate to private lives or be potentiallyharmful to the interests, and especially the reputation, of others. Greatcare should be exercised in safeguarding and using such information,which should be disclosed only in the performance of duty or toserve the needs of justice. Any disclosure of such information forother purposes is wholly improper.

Article 5 [prohibition of torture]No law enforcement official may inflict, instigate or tolerate any act

of torture or other cruel, inhuman or degrading treatment or punishment,nor may any law enforcement official invoke superior orders orexceptional circumstances such as a state of war or a threat of war, athreat to national security, internal political instability or any other publicemergency as a justification of torture or other cruel, inhuman ordegrading treatment or punishment.

Commentary:a) This prohibition derives from the Declaration on the Protection ofAll Persons from Being Subjected to Torture and Other Cruel,Inhuman or Degrading treatment or Punishment, adopted by theGeneral Assembly, according to which: “[Such an act is] an offenceto human dignity and shall be condemned as a denial of the purposesof the Charter of the United Nations and as a violation of the humanrights and fundamental freedoms proclaimed in the UniversalDeclaration of Human Rights [and other international human rightsinstruments].”b) The Declaration defines torture as follows: “... torture means anyact by which severe pain or suffering, whether physical or mental, isintentionally inflicted by or at the instigation of a public official ona person for such purposes as obtaining from him or a third personinformation or confession, punishing him for an act he has committedor is suspected of having committed, or intimidating him or otherpersons. It does not include pain or suffering arising only from,inherent in or incidental to, lawful sanctions to the extent consistentwith the Standard Minimum Rules for the Treatment of Prisoners.”c) The term “cruel, inhuman or degrading treatment or punishment”has not been defined by the General Assembly but should beinterpreted so as the extend the widest possible protection againstabuses, whether physical or mental.

Article 6 [protection of health]Law enforcement officials shall ensure the full protection of the health

of persons in their custody and, in particular, shall take immediate actionto secure medical attention whenever required.

Commentary:a) “Medical attention”, which refers to services rendered by anymedical personnel, including certified medical practitioners andparamedics, shall be secured when needed or requested.b) While the medical personnel are likely to be attached to the lawenforcement operation, law enforcement officials must take intoaccount the judgement of such personnel when they recommend


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providing the person in custody with appropriate treatment through,or in consultation with, medical personnel from outside the lawenforcement operation.c) It is understood that law enforcement officials shall also securemedical attention for victims of violations of law or of accidentsoccurring in the course of violations of law.

Article 7 [prohibition of corruption]Law enforcement officials shall not commit any act of corruption.

They shall also rigorously oppose and combat all such acts.

Commentary:a) Any act of corruption, in the same way as any other abuse ofauthority, is incompatible with the profession of law enforcementofficials. The law must be enforced fully with respect to any lawenforcement official who commits an act of corruption, asGovernments cannot expect to enforce the law among their citizensif they cannot, or will not, enforce the law against their own agentsand within their own agencies.b) While the definition of corruption must be subject to nationallaw, it should be understood to encompass the commission oromission of an act in the performance of or in connection with one’sduties, in response to gifts, promises or incentives demanded oraccepted, or the wrongful receipt of these once the act has beencommitted or omitted.c) The expression “act of corruption” referred to above should beunderstood to encompass attempted corruption.

Article 8 [respect for the law and this Code]Law enforcement official shall respect the law and the present Code.

They shall also, to the best of their capability, prevent and rigorouslyoppose any violations of them.

Law enforcement officials who have reason to believe that a violationof the present Code has occurred or is about to occur shall report thematter to their superior authorities and, where necessary, to otherappropriate authorities or organs vested with reviewing or remedialpower.

Commentary:a) This Code shall be observed whenever it has been incorporatedinto national legislation or practice. If legislation or practice containsstricter provisions than those of the present Code, those stricterprovisions shall be observed.b) The article seeks to preserve the balance between the need forinternal discipline of the agency on which public safety is largelydependent, on the one hand, and the need for dealing with violationsof basic human rights, on the other. Law enforcement officials shallreport violations within the chain of command and take other lawfulaction outside the chain of command only when no other remediesare available or effective. It is understood that law enforcementofficials shall not suffer administrative or other penalties becausethey have reported that a violation of this Code has occurred or isabout to occur.c) The term “appropriate authorities or organs vested with reviewingor remedial power” refers to any authority or organ existing undernational law, whether internal to the law enforcement agency orindependent thereof, with statutory, customary or other power toreview grievances and complaints arising out of violations withinthe purview of this Code.d) In some countries, the mass media may be regarded as performingcomplaint review functions similar to those described insubparagraph (c) above. Law enforcement official may, therefore,be justified if, as a last resort and in accordance with the laws andcustoms of their own countries and with the provisions of article 4of the present Code, they bring violations to the attention of publicopinion through the mass media.e) Law enforcement officials who comply with the provisions ofthis Code deserve the respect, the full support and the co-operationof the community and of the law enforcement agency in which theyserve, as well as the law enforcement profession.


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Scope of the body of principlesThese Principles apply for the protection of all persons under any

form of detention or imprisonment.

Use of termsFor the purpose of the Body of Principles;a) “Arrest” means the act of apprehending a person for the alleged

commission of an offence or by the action of an authority;b) “Detained person” means any person deprived of personal liberty

except as a result of conviction for an offence;c) “Imprisoned person” means any person deprived of personal

liberty as a result of conviction for an offence;d) “Detention” means the condition of detained persons as defined

above;e) “Imprisonment” means the condition of imprisoned persons as

defined above;f) The words “a judicial or other authority” mean a judicial or other

authority under the law whose status and tenure should afford thestrongest possible guarantees of competence, impartiality andindependence.

Principle 1 [right to humane treatment]All persons under any form of detention or imprisonment shall be

treated in a humane manner and with respect for the inherent dignity ofthe human person.

Principle 2 [llawful arrest and detention]Arrest, detention or imprisonment shall only be carried out strictly

in accordance with the provisions of the law and by competent officialsor persons authorized for that purpose.

Principle 3 [inadmissibility of restrictions]There shall be no restriction upon or derogation from any of the

human rights of persons under any form of detention or imprisonmentrecognized or existing in any State pursuant to law, conventions,regulations or custom on the pretext that this Body of Principles doesnot recognize such rights or that it recognizes them to a lesser extent.

Principle 4 [detention under effective judicial control]Any form of detention or imprisonment and all measures affecting

the human rights of a person under any form of detention orimprisonment shall be ordered by, or be subject to the effective controlof a judicial or other authority.

Principle 5 [prohibition of discrimination]1. These Principles shall be applied to all persons within the territory

of any given State, without distinction of any kind, such as race, colour,sex, language, religion or religious belief, political or other opinion,national, ethnic or social origin, property, birth or other status.

2. Measures applied under the law and designed solely to protect therights and special status of women, especially pregnant women andnursing mothers, children and juveniles, aged, sick or handicappedpersons shall not be deemed to be discriminatory. The need for, and theapplication of, such measures shall always be subject to review by ajudicial or other authority.

Principle 6 [prohibition of torture]No person under any form of detention or imprisonment shall be

subjected to torture or to cruel, inhuman or degrading treatment or

1 D.3 BODY OF PRINCIPLES FOR THE PROTECTION OF ALL PERSONS UNDER ANY FORM OFDETENTION OR IMPRISONMENT

-adopted by the UN General Assembly in resolution 43/173 on 9 December 1988 at New York

punishment.1 No circumstance whatever may be invoked as ajustification for torture or other cruel, inhuman or degrading treatmentor punishment.

Principle 7 [effective remedies]1. States should prohibit by law any act contrary to the rights and

duties contained in these Principles, make any such act subject toappropriate sanctions and conduct impartial investigations uponcomplaints.

2. Officials who have reason to believe that a violation of this Bodyof Principles has occurred or is about to occur shall report the matter totheir superior authorities and, where necessary, to other appropriateauthorities or organs vested with reviewing or remedial powers.

3. Any other person who has ground to believe that a violation of theBody of Principles has occurred or is about to occur shall have theright to report the matter to the superiors of the officials involved aswell as to other appropriate authorities or organs vested with reviewingor remedial power.

Principle 8 [detention vs. imprisonment]Persons in detention shall be subject to treatment appropriate to their

unconvicted status. Accordingly, they shall, whenever possible, be keptseparate from imprisoned persons.

Principle 9 [rule of law]The authorities which arrest a person, keep him under detention or

investigate the case shall exercise only the powers granted to themunder the law and the exercise of these powers shall be subject torecourse to a judicial or other authority.

Principle 10 [promptly informed]Anyone who is arrested shall be informed at the time of his arrest of

the reason for his arrest and shall be promptly informed of the chargesagainst him.

Principle 11 [access to court]1. A person shall not be kept in detention without being given an

effective opportunity to be heard promptly by a judicial or otherauthority. A detained person shall have the right todefend himself or to be assisted by counsel as prescribed by law.

2. A detained person and his counsel, if any, shall receive promptand full communication of any order of detention, together with thereasons therefor.

3. A judicial or other authority shall he empowered to review asappropriate the continuance of detention.

Principle 12 [records]1. There shall be duly recorded:

a) The reasons for the arrest;b) The time of the arrest and the taking of the arrested person to a placeof custody as well as that of his first appearance before a judicial orother authority;

1 The term “cruel, inhuman or degrading treatment or punishment”should be interpreted so as to extend the widest possible protectionagainst abuses, whether physical or mental, including the holdingof a detained or imprisoned person in conditions which deprive him,temporarily or permanently, of the use of any of his natural sensessuch as sight or hearing, or of his awareness of place and the passingof time.

1 D.3 BODY OF PRINCIPLES FOR THE PROTECTION OF ALL PERSONS UNDER ANY FORM OF DETENTION OR IMPRISONMENT

66

c) The identity of the law enforcement officials concerned;d) Precise information concerning the place of custody.

2. Such records shall be communicated to the detained person, orhis counsel, if any, in the form prescribed by law.

Principle 13 [information on rights]Any person shall, at the moment of arrest and at the commencement

of detention or imprisonment, or promptly thereafter, be provided bythe authority responsible for his arrest, detention or imprisonment,respectively, with information on and an explanation of his rights andhow to avail himself of such rights.

Principle 14 [understandable language]A person who does not adequately understand or speak the language

used by the authorities responsible for his arrest, detention orimprisonment is entitled to receive promptly in a language which heunderstands the information referred to in principle 10, principle 11,paragraph 2, principle 12, paragraph 1, and principle 13 and to havethe assistance, free of charge, if necessary, of an interpreter in connectionwith legal proceedings subsequent to his arrest.

Principle 15 [incommunicado prohibition]Notwithstanding the exceptions contained in principle 16, paragraph

4, and principle 18, paragraph 3, communication of the detained orimprisoned person with the outside world, and in particular his familyor counsel, shall not be denied for more than a matter of days.

Principle 16 [notification]1. Promptly after arrest and after each transfer from one place of

detention or imprisonment to another, a detained or imprisoned personshall be entitled to notify or to require the competent authority to notifymembers of his family or other appropriate persons of his choice of hisarrest, detention or imprisonment or of the transfer and of the placewhere he is kept in custody.

2. If a detained or imprisoned person is a foreigner, he shall also bepromptly informed of his right to communicate by appropriate meanswith a consular post or the diplomatic mission of the State of which heis a national or which is otherwise entit led to receive suchcommunication in accordance with international law or with therepresentative of the competent international organization, if he is arefugee or is otherwise under the protection of an intergovernmentalorganization.

3. If a detained or imprisoned person is a juvenile or is incapable ofunderstanding his entitlement, the competent authority shall on its owninitiative undertake the notification referred to in this principle. Specialattention shall be given to notifying parents or guardians.

4. Any notification referred to in this principle shall be made orpermitted to be made with-out delay. The competent authority mayhowever delay a notification for a reasonable period where exceptionalneeds of the investigation so require.

Principle 17 [legal assistance]1. A detained person shall be entitled to have the assistance of a

legal counsel. He shall be informed of his right by the competentauthority promptly alter arrest and shall be provided with reasonablefacilities for exercising it.

2. If a detained person does not have a legal counsel of his ownchoice, he shall be entitled to have a legal counsel assigned to him by ajudicial or other authority in all cases where the interests of justice sorequire and without payment by him if he does not have sufficient meansto pay.

Principle 18 [communications with legal counsel]1. A detained or imprisoned person shall be entitled to communicate

and consult with his legal counsel.2. A detained or imprisoned person shall be allowed adequate time

and facilities for consultations with his legal counsel.3. The right of a detained or imprisoned person to be visited by and

to consult and communicate, without delay or censorship and in fullconfidentiality, with his legal counsel may not be suspended or restrictedsave in exceptional circumstances, to be specified by law or lawfulregulations, when it is considered indispensable by a judicial or otherauthority in order to maintain security and good order.

4. Interviews between a detained or imprisoned person and his legalcounsel may be within sight, but not within the hearing, of a lawenforcement official.

5. Communications between a detained or imprisoned person andhis legal counsel mentioned in this principle shall be inadmissible asevidence against the detained or imprisoned person unless they areconnected with a continuing or contemplated crime.

Principle 19 [communications with family, etc.]A detained or imprisoned person shall have the right to be visited by

and to correspond with, in particular, members of his family and shallbe given adequate opportunity to communicate with the outside world,subject to reasonable conditions and restrictions as specified by law orlawful regulations.

Principle 20 [place of detention]If a detained or imprisoned person so requests, he shall if possible

be kept in a place of detention or imprisonment reasonably near hisusual place of residence.

Principle 21 [prohibition of abuse in detention]1. It shall be prohibited to take undue advantage of the situation of a

detained or imprisoned person for the purpose of compelling him toconfess, to incriminate himself otherwise or to testify against any otherperson.

2. No detained person while being interrogated shall be subject toviolence, threats or methods of interrogation which impair his capacityof decision or his judgement.

Principle 22 [prohibition of experiments on detained persons]No detained or imprisoned person shall, even with his consent, be

subjected to any medical or scientific experimentation which may bedetrimental to his health.

Principle 23 [interrogations]1. The duration of any interrogation of a detained or imprisoned

person and of the intervals between interrogations as well as the identityof the officials who conducted the interrogations and other personapresent shall be recorded and certified in such form as may be prescribedby law.

2. A detained or imprisoned person, or his counsel when providedby law, shall have access to the information prescribed above.

Principle 24 [medical examination]A proper medical examination shall be offered to a detained or

imprisoned person as promptly as possible after his admission to theplace of detention or imprisonment, and there-after medical care andtreatment shall be provided whenever necessary. This care and treatmentshall be provided free of charge.

Principle 25 [second medical examination]A detained or imprisoned person or his counsel shall, subject only to

reasonable conditions to ensure security and good order in the place ofdetention or imprisonment, have the right to request or petition a judicialor other authority for a second medical examination or opinion.

Principle 26 [medical records]The fact that a detained or imprisoned person underwent a medical

examination, the name of the physician and the results of such anexamination shall be duly recorded. Access to such records shall beensured. Modalities therefor shall be in accordance with relevant rulesof domestic law.

Principle 27 [non-compliance]Non-compliance with these Principles in obtaining evidence shall

be taken into account in determining the admissibility of such evidenceagainst a detained or imprisoned person.

Principle 28 [right to education, culture, information]A detained or imprisoned person shall have the right to obtain within

the limits of available resources, if from public sources, reasonablequantities of educational, cultural and informational material, subjectto reasonable conditions to ensure security and good order in the placeof detention or imprisonment.


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Principle 29 [supervision]1. In order to supervise the strict observance of relevant laws and

regulations, places of detention shall be visited regularly by qualifiedand experienced persons appointed by, and responsible to, a competentauthority distinct from the authority directly in charge of theadministration of the place of detention or imprisonment.

2. A detained or imprisoned person shall have the right tocommunicate freely and in full confidentiality with the persons whovisit the places of detention or imprisonment in accordance withparagraph 1, subject to reasonable conditions to ensure security andgood order in such places.

Principle 30 [discipline]1. The types of conduct of the detained or imprisoned person that

constitute disciplinary offences during detention or imprisonment, thedescription and duration of disciplinary punishment that may be inflictedand the authorities competent to impose such punishment shall bespecified by law or lawful regulations and duly published.

2. A detained or imprisoned person shall have the right to be heardbefore disciplinary action is taken. He shall have the right to bringsuch action to higher authorities for review.

Principle 31 [dependents]The appropriate authorities shall endeavour to ensure, according to

domestic law, assistance when needed to dependent and, in particular,minor members of the families of detained or imprisoned persons andshall devote a particular measure of care to the appropriate custody ofchildren left without supervision.

Principle 32 [habeas corpus]1. A detained person or his counsel shall be entitled at any time to

take proceedings according to domestic law, before a judicial or otherauthority to challenge the lawfulness of his detention in order to obtainhis release without delay, if it is unlawful.

2. The proceedings referred to in paragraph 1 shall be simple andexpeditious and at no cost for detained persons without adequate means.The detaining authority shall produce without unreasonable delay thedetained person before the reviewing authority.

Principle 33 [right to complain]1. A detained or imprisoned person or his counsel shall have the

right to make a request or complaint regarding his treatment, in particularin case of torture or other cruel, inhuman or degrading treatment, to theauthorities responsible for the administration of the place of detentionand to higher authorities and, when necessary, to appropriate authoritiesvested with reviewing or remedial powers.

2. In those cases where neither the detained or imprisoned personnor his counsel has the possibility to exercise his rights under paragraph1, a member of the family of the detained or imprisoned person or anyother person who has knowledge of the case may exercise such rights.

3. Confidentiality concerning the request or complaint shall bemaintained if so requested by the complainant.

4. Every request or complaint shall be promptly dealt with and repliedto without undue delay. If the request or complaint is rejected or, incase of inordinate delay, the complainant shall be entitled to bring itbefore a judicial or other authority. Neither the detained or imprisonedperson nor any complainant under paragraph 1 shall suffer prejudicefor making a request or complaint.

Principle 34 [inquiry into death or disappearance]Whenever the death or disappearance of a detained or imprisoned

person occurs during his detention or imprisonment, an inquiry intothe cause of death or disappearance shall be held by a judicial or otherauthority, either on its own motion or at the instance of a member ofthe family of such a person or any person who has knowledge of thecase. When circumstances so warrant, such an inquiry shall be held onthe same procedural basis whenever the death or disappearance occursshortly after the termination of the detention or imprisonment. Thefindings of such inquiry or a report thereon shall be made availableupon request, unless doing so would jeopardize an ongoing criminalinvestigation.

Principle 35 [compensation]1. Damage incurred because of acts or omissions by a public official

contrary to the rights contained in these Principles shall be compensatedaccording to the applicable rules on liability provided by domestic law.

2. Information required to be recorded under these Principles shallbe available in accordance with procedures provided by domestic lawfor use in claiming compensation under this principle.

Principle 36 [presumption of innocence]1. A detained person suspected of or charged with a criminal offence

shall be presumed innocent and shall be treated as such until provedguilty according to law in a public trial at which he has had all theguarantees necessary for his defence.

2. The arrest or detention of such a person pending investigationand trial shall be carried out only for the purposes of the administrationof justice on grounds and under conditions and procedures specifiedby law. The imposition of restrictions upon such a person which arenot strictly required for the purpose of the detention or to preventhindrance to the process of investigation or the administration of justice,or for the maintenance of security and good order in the place ofdetention shall be forbidden.

Principle 37 [lawfulness of detention]A person detained on a criminal charge shall be brought before a

judicial or other authority provided by law promptly after his arrest.Such authority shall decide without delay upon the lawfulness andnecessity of detention. No person may be kept under detention pendinginvestigation or trial except upon the written order of such an authority.A detained person shall, when brought before such an authority, havethe right to make a statement on the treatment received by him while incustody.

Principle 38 [right to a trial within reasonable time]A person detained on a criminal charge shall be entitled to trial within

a reasonable time or to release pending trial.

Principle 39 [release pending trial]Except in special cases provided for by law, a person detained on a

criminal charge shall be entitled, unless a judicial or other authoritydecides otherwise in the interest of the administration of justice, torelease pending trial subject to the conditions that may be imposed inaccordance with the law. Such authority shall keep the necessity ofdetention under review.

General clauseNothing in the present Body of Principles shall be construed as

restricting or derogating from any right defined in the InternationalCovenant on Civil and Political Rights.


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The General Assembly,Recalling its resolution 31/85 of 13 December 1976, in which it

invited the World Health Organization to prepare a draft code of medicalethics relevant to the protection of persons subjected to any form ofdetention or imprisonment against torture and other cruel, inhuman ordegrading treatment or punishment,

Expressing once again its appreciation to the Executive Board ofthe World Health Organization which, at its sixty-third session inJanuary 1979, decided to endorse the principles set forth in a reportentitled “Development of codes of medical ethics” containing, in anannex, a draft body of principles prepared by the Council forInternational Organizations of Medical Sciences and entitled “Principlesof medical ethics relevant to the role of health personnel in the protectionof persons against torture and other cruel, inhuman or degradingtreatment or punishment”,

[....]Alarmed that not infrequently members of the medical profession or

other health personnel are engaged in activities which are difficult toreconcile with medical ethics,

Recognizing that throughout the world significant medical activitiesare being performed increasingly by health personnel not licensed ortrained as physicians, such as physician-assistants, paramedics, physicaltherapists and nurse practitioners,

Recalling with appreciation the Declaration of Tokyo of the WorldMedical Association, containing the Guidelines for Medical Doctorsconcerning Torture and other Cruel, Inhuman or Degrading Treatmentor Punishment in relation to Detention and Imprisonment, adopted bythe twenty-ninth World Medical Assembly, held at Tokyo in October1975,

Noting that in accordance with the Declaration of Tokyo measuresshould be taken by States and by professional associations and otherbodies, as appropriate, against any attempt to subject health personnelor members of their families to threats or reprisals resulting from arefusal by such personnel to condone the use of torture or other formsof cruel, inhuman or degrading treatment,

[....]Convinced that under no circumstances should a person be punished

for carrying out medical activities compatible with medical ethicsregardless of the person benefiting therefrom, or be compelled toperform acts or to carry out work in contravention of medical ethics,but that, at the same time, contravention of medical ethics for whichhealth personnel, particularly physicians, can be held responsible shouldentail accountability,

[....]1. Adopts the Principles of Medical Ethics relevant to the role of

health personnel, particularly physicians, in the protection of prisonersand detainees against torture and other cruel, inhuman or degradingtreatment or punishment set forth in the annex to the present resolution;

2. Calls upon all Governments to give the Principles of MedicalEthics, together with the present resolution, the widest possibledistribution, in particular among medical and paramedical associationsand institutions of detention or imprisonment in an official language ofthe State;

3. Invites all relevant intergovernmental organizations, in particularthe World Health Organization, and non governmental organizationsconcerned to bring the Principles of Medical Ethics to the attention ofthe widest possible group of individuals, especially those active in themedical and paramedical field.

1 D.4 PRINCIPLES OF MEDICAL ETHICS RELEVANT TO THE ROLE OF HEALTH PERSONNEL,PARTICULARLY PHYSICIANS, IN THE PROTECTION OF PRISONERS AND DETAINEESAGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT ORPUNISHMENT

-adopted by the UN General Assembly in resolution 37/194 of 18 December 1982 in New York

1 D.4 PRINCIPLES OF MEDICAL ETHICS

ANNEX: PRINCIPLES OF MEDICAL ETHICS

Principle 1 [standard of treatment]Health personnel, particularly physicians, charged with the medical

care of prisoners and detainees have a duty to provide them withprotection of their physical and mental health and treatment of diseaseof the same quality and standard as is afforded to those who are notimprisoned or detained.

Principle 2 [prohibition of participation in torture]It is a gross contravention of medical ethics, as well as an offence

under applicable international instruments, for health personnel,particularly physicians, to engage, actively or passively, in acts whichconstitute participation in, complicity in, incitement to or attempts tocommit torture or other cruel, inhuman or degrading treatment orpunishment.

Principle 3 [purpose of medical involvement]It is a contravention of medical ethics for health personnel,

particularly physicians, to be involved in any professional relationshipwith prisoners or detainees the purpose of which is not solely to evaluate,protect or improve their physical and mental health.

Principle 4 [prohibition of assistance in actions that may haveadverse effects on prisoners]

It is a contravention of medical ethics for health personnel,particularly physicians:

a) To apply their knowledge and skills in order to assist in theinterrogation of prisoners and detainees in a manner that may adverselyaffect the physical or mental health or condition of such prisoners ordetainees and which is not in accordance with the relevant internationalinstruments;

b) To certify, or to participate in the certification of; the fitness ofprisoners or detainees for any form of treatment or punishment thatmay adversely affect their physical or mental health and which is notin accordance with the relevant international instruments, or toparticipate in any way in the infliction of any such treatment orpunishment which is not in accordance with the relevant internationalinstruments.

Principle 5 [prohibition of restraining of prisoners]It is a contravention of medical ethics for health personnel,

particularly physicians, to participate in any procedure for restraininga prisoner or detainee unless such a procedure is determined inaccordance with purely medical criteria as being necessary for theprotection of the physical or mental health or the safety of the prisoneror detainee himself, of his fellow prisoners or detainees, or of hisguardians and presents no hazard to his physical or mental health.

Principle 6 [prohibition of derogation from principles]There may be no derogation from the foregoing principles on any

ground whatsoever, including public emergency.

69

Basic principles on the Independence of the Judiciary[ . . . ]The following basic principles, formulated to assist Member States in

their task of securing and promoting the independence of the judiciaryshould be taken into account and respected by Governments within theframework of their national legislation and practice and be brought tubeattention of judges, lawyers, members of the executive and the legislatureand the public in general. The principles have been formulated principallywith professional judges in mind, but they apply equally, as appropriate,to lay judges, where they exist.

Independence of the judiciaryPrinciple 1 [independence of the judiciary in constitution]

The independence of the judiciary shall be guaranteed by the Stateand enshrined in the Constitution or the law of the country. It is the dutyof all governmental and other institutions to respect and observe theindependence of the judiciary.

Principle 2 [impartiality and independence] The judiciary shall decide matters before them impartially, on the

basis of facts and in accordance with the law, without any restrictions,improper influences, inducements, pressures, threats or interferences,direct or indirect, from any quarter or for any reason.

Principle 3 [jurisdiction over all judicial issues]The judiciary shall have jurisdiction over all issues of a judicial nature

and shall have exclusive authority to decide whether an issue submittedfor its decision is within its competence as defined by law.

Principle 4 [prohibition of inappropriate or unwarrantedinterference]

There shall not be any inappropriate or unwarranted interference withthe judicial process, nor shall judicial decisions by the courts be subjectto revision. This principle is without prejudice to judicial review or tomitigation or commutation by competent authorities of sentences imposedby the judiciary in accordance with the law.

Principle 5 [jurisdiction]Everyone shall have the right to be tried by ordinary courts or tribunals

using established legal procedures. Tribunals that do not use the dulyestablished procedures of the legal process shall not be created to displacethe jurisdiction belonging to the ordinary courts or judicial tribunals.

Principle 6 [ensure fair trial]The principle of the independence of the judiciary entitles and requires

the judiciary to ensure that judicial proceedings are conducted fairly andthat the rights of the parties are respected.

Principle 7 [adequate resources]It is the duty of each Member State to provide adequate resources to

enable the judiciary to properly perform its functions.

Freedom of expression and associationPrinciple 8 [freedom of expression, belief]

In accordance with the Universal Declaration of Human Rights,members of the judiciary are like other citizens entitled to freedom ofexpression, belief, association and assembly provided, however, that inexercising such rights, judges shall always conduct themselves in such amanner as to preserve the dignity of their office and the impartiality andindependence of the judiciary.

Principle 9 [free to form and join associations]Judges shall be free to form and join associations of judges or other

Organizations to represent their interests, to promote their professionaltraining and to protect their judicial independence.

1 D.5 BASIC PRINCIPLES ON THE INDEPENDENCE OF THE JUDICIARY

-adopted at the Seventh U N Congress on the Prevention of Crime and the Treatment of Offenders on 26 August -6 September 1985 at Milan (A/CONF.121/22/Rev.1)

-endorsed by the UN General Assembly in resolution 40/32 of 29 November 1985 and resolution 40/146 of 13December 1985

1 D.5 BASIC PRINCIPLES ON THE INDEPENDENCE OF THE JUDICIARY

Qualifications, selection and trainingPrinciple 10 [selection]

Persons selected for judicial office shall be individuals of integrityand ability with appropriate training or qualifications in law. Any methodof judicial selection shall safeguard against judicial appointments forimproper motives. In the selection of judges, there shall be nodiscrimination against a person on the grounds of race, colour, sex,religion, political or other opinion, national or social origin, property,birth or status, except that a requirement, that a candidate for judicialoffice must be a national of the country concerned, shall not be considereddiscriminatory.

Conditions of service and tenurePrinciple 11 [term of office]

The term of office of judges, their independence, security, adequateremuneration, conditions of service, pensions and the age of retirementshall be adequately secured by law.

Principle 12 [guaranteed tenure]Judges, whether appointed or elected, shall have guaranteed tenure

until a mandatory retirement age or the expiry of their term of office,where such exists.

Principle 13 [promotion of judges]Promotion of judges, wherever such a system exists, should be based

on objective factors, in particular ability, integrity and experience.

Principle 14 [assignment of cases]The assignment of cases to judges within the court to which they belong

is an internal matter of judicial administration.

Professional secrecy and immunityPrinciple 15 [professional secrecy]

The judiciary shall be bound by professional secrecy with regard totheir deliberations and to confidential information acquired in the courseof their duties other than in public proceedings, and shall not e compelledto testify on such matters.

Principle 16 [personal immunity]Without prejudice to any disciplinary procedure or to any right of

appeal or to compensation from the State, in accordance with nationallaw, judges should enjoy personal immunity from civil suits for monetarydamages for improper acts or omissions in the exercise of their judicialfunctions.

Discipline, suspension and removalPrinciple 17 [charge or complaint]

A charge or complaint made against a judge in his/her judicial andprofessional capacity shall be processed expeditiously and fairly underan appropriate procedure. The judge shall have the right to a fair hearing.The examination of the matter at its initial stage shall be kept confidential,unless otherwise requested by the judge.

Principle 18 [suspension]Judges shall be subject to suspension or removal only for reasons of

incapacity or behaviour that renders them unfit to discharge their duties.

Principle 19 [proceedings]All disciplinary, suspension or removal proceedings shall be

determined in accordance with established standards of judicial conduct.

Principle 20 [independent review]Decisions in disciplinary, suspension or removal proceedings should

be subject to an independent review. This principle may not apply to thedecisions of the highest court and those of the legislature in impeachmentor similar proceedings.

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Access to lawyers and legal servicesPrinciple 1 [legal aid]

All persons are entitled to call upon the assistance of a lawyer oftheir choice to protect and establish their rights and to defend them inall stages of criminal proceedings.

Principle 2 [access to lawyers without discrimination]Governments shall ensure that efficient procedures and responsive

mechanisms for effective and equal access to lawyers are provided forall persons within their territory and subject to their jurisdiction, withoutdistinction of any kind, such as discrimination based on race, colour,ethnic origin, sex, language, religion, political or other opinion, nationalor social origin, property, birth, economic or other status.

Principle 3 [funding for legal aid]Governments shall ensure the provision of sufficient funding and

other resources for legal services to the poor and, as necessary, to otherdisadvantaged persons.Professional associations of lawyers shall co-operate in the organizationand provision of services, facilities and other resources.

Principle 4 [information on role of lawyers]Governments and professional associations of lawyers shall promote

programmes to inform the public about their rights and duties underthe law and the important role of lawyers in protecting their fundamentalfreedoms. Special attention should be given to assisting the poor andother persons so as to enable them to assert their rights and wherenecessary call upon the assistance of lawyers.

Special safeguard in criminal justicePrinciple 5 [right to be assisted by a lawyer]

Governments shall ensure that all persons are immediately informedby the competent authority of their right to be assisted by a lawyer oftheir won choice upon arrest or detention of when charged with acriminal offence.

Principle 6 [legal aid]Any such persons who do not have a lawyer shall, in all cases in

which the interests of justice so require, be entitled to have a lawyer ofexperience and competence commensurate with the nature of the offenceassigned to them in order to provide effective legal assistance, withoutpayment by them if they lack sufficient means to pay for such services.

Principle 7 [prompt access to a lawyer]Governments shall further ensure that all persons arrested or detained,

with or without criminal charge, shall have prompt access to a lawyer,and in any case not later than forty-eight hours form the time of arrestor detention.

Principle 8 [adequate opportunities to consult lawyer]All arrested, detained or imprisoned persons shall be provided with

adequate opportunities, time and facilities to be visited by and tocommunicate and consult with a lawyer, without delay, interception orcensorship and in full confidentiality. Such consultations may be withinsight, but not within the hearing, of law enforcement officials.

Qualifications and trainingPrinciple 9 [education and training]

Governments, professional associations of lawyers and educationalinstitutions shall ensure that lawyers have appropriate education andtraining and be made aware of the ideals and ethical duties of the lawyerand of human rights and fundamental freedoms recognized by nationaland international law.

1 D.6 BASIC PRINCIPLES ON THE ROLE OF LAWYERS

-adopted by the 8 th UN Congress on the prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27/8/1990-7/9/1990-welcomed by the UN General Assembly in resolution 45/121 of 14 December 1990


Principle 10 [non-discrimination in entry into legal profession]Governments, professional associations of lawyers and educational

institutions shall ensure that there is no discrimination against a personwith respect to entry into or continued practice within the legalprofession on the grounds of race, colour, sex, ethnic origin, religion,political or other opinion, national or social origin, property, birth,economic or other status, except that a requirement, that a lawyer mustbe a national of the country concerned, shall not be considereddiscriminatory.

Principle 11 [disadvantaged groups]In countries where there exist groups, communities or regions whose

needs for legal services are not met, particularly where such groupshave distinct cultures, traditions or languages or have been the victimsof past discrimination.Governments, professional associations of lawyers and educationalinstitutions should take special measures to provide opportunities forcandidates from these groups to enter the legal profession and shouldensure that they receive training appropriate to the needs of their groups.

Duties and responsibilitiesPrinciple 12 [honour and dignity of the profession]

Lawyers shall at all times maintain the honour and dignity of theirprofession as essential agents of the administration of justice.

Principle 13 [duties of lawyers]The duties of lawyers towards their clients shall include:a) Advising clients as to their legal rights and obligations, and as to

the working of the legal system in so far as it is relevant to the legalrights and obligations of the clients;

b) Assisting clients in every appropriate way, and taking legal actionto protect their interests:

c) Assisting clients before courts, tribunals or administrativeauthorities, where appropriate.

Principle 14 [uphold human rights]Lawyers, in protecting the rights of heir clients and in promoting

the cause of justice, shall seek to uphold human rights and fundamentalfreedoms recognized by national and international law and shall at alltimes act freely and diligently in accordance with the law and recognizedstandards and ethics of the legal profession.

Principle 15 [respect interests of client]Lawyers shall always loyally respect the interests of their clients.

Guarantees for the functioning of lawyersPrinciple 16 [general guarantees]

Governments shall ensure that lawyersa) are able to perform all of their professional functions without

intimidation, hindrance, harassment or improper interference;b) are able to travel and to consult with their clients freely both within

their own country and abroad; andc) shall not suffer, or be threatened with, prosecution or

administrative, economic or other sanctions for any action taken inaccordance with recognized professional duties, standards and ethics.

Principle 17 [safeguards]Where the security of lawyers is threatened as a result of discharging

their functions, they shall be adequately safeguarded by the authorities.


Principle 18 [non-identification]Lawyers shall not be identified with their clients or their clients causes

as a result of discharging their functions.

Principle 19 [right to appear in court]No court or administrative authority before whom the right to counsel

is recognized shall refuse to recognize the right of a lawyer to appearbefore it for his or her client unless that lawyer has been disqualified inaccordance with national law and practice and in conformity with theseprinciples.

Principle 20 [civil and penal immunity]Lawyers shall enjoy civil and penal immunity for relevant statements

made in good faith in written or oral pleading or in their professionalappearances before a court, tribunal or other legal or administrativeauthority.

Principle 21 [access to information]It is the duty of the competent authorities to ensure lawyers access

to appropriate information, files and documents in their possession orcontrol in sufficient time to enable lawyers to provide effective legalassistance to their clients.Such access should be provided at the earliest appropriate time.

Principle 22 [confidentiality]Governments shall recognize and respect that all communications

and consultations between lawyers and their clients within theirprofessional relationship are confidential.

Freedom of expression and associationPrinciple 23 [freedom of expression, assembly, etc.]

Lawyers like other citizens are entitled to freedom of expression,belief, association and assembly. In particular, they shall have the rightto take part in public discussion of matters concerning the law, theadministration of justice and the promotion and protection of humanrights and to join or form local, national or international organizationsand attend their meetings, without suffering professional restrictionsby reason of their lawful action or their membership in a lawfulorganization. In exercising these rights, lawyers shall always conductthemselves in accordance with the law and the recognized standardsand ethics of the legal profession.

Professional associations of lawyersPrinciple 24 [professional associations]

Lawyers shall be entitled to form and join self-governing professionalassociations to represent their interests, promote their continuingeducation and training and protect their professional integrity. Theexecutive body of the professional associations shall be elected by itsmembers and shall exercise its functions without external interference.

Principle 25 [cooperation]Professional associations of lawyers shall co-operate with

Governments to ensure that everyone has effective and equal access tolegal services and that lawyers are able, without improper interference,to counsel and assist their clients in accordance with the law andrecognized professional standards and ethics.

Disciplinary proceedingsPrinciple 26 [code of professional conduct]

Codes of professional conduct for lawyers shall be established bythe legal profession through its appropriate organs, or by legislation, inaccordance with national law and custom and recognized internationalstandards and norms.

Principle 27 [complaints]Charges or complaints made against lawyers in their professional

capacity shall be processed expeditiously and fairly under appropriateprocedures. Lawyers shall have the right to a fair hearing, includingthe right to be assisted by a lawyer of their choice.

Principle 28 [fair trial]Disciplinary proceedings against lawyers shall be brought before an

impartial disciplinary committee established by the legal profession,before an independent statutory authority, or before a court, and shallbe subject to an independent judicial review.

Principle 29 [proceedings in accordance with code of conduct]All disciplinary proceedings shall be determined in accordance with

the code of professional conduct and other recognized standards andethics of the legal profession and in the light of these principles.

72

Article 1 [disappearance an offence to human dignity]1. Any act of enforced disappearance is an offence to human dignity.

It is condemned as a denial of the purposes of the Charter of the UnitedNations and as a grave and flagrant violation of the human rights andfundamental freedoms proclaimed in the Universal Declaration ofHuman Rights and reaffirmed and developed in internationalinstruments in this field.

2. Such act of enforced disappearance places the persons subjectedthereto outside the protection of the law and inflicts severe sufferingon them and their families. It constitutes a violation of the rules ofinternational law guaranteeing, entirely, the right to recognition as aperson before the law, the right to livery and security of the person andthe right not to be subjected to torture and other cruel, inhuman ordegrading treatment or punishment. It also violates or constitutes a gravetreat to the right to life.

Article 2 [prohibition, prevention and eradication ofdisappearances]

1. No State shall practise, permit or tolerate enforced disappearances.2. States shall act at the national and regional levels and in

cooperation with the United nations to contribute by all means to theprevention and eradication disappearance.

Article 3 [preventive and termination measures]Each State shall take effective legislative, administrative, judicial

or other measures to prevent and terminate acts of enforceddisappearance in any territory under its jurisdiction.

Article 4 [extreme serious offence under criminal law]1. All acts of enforced disappearance shall be offenses under the

criminal law punishable by appropriate penalties which shall take intoaccount their extreme seriousness.

2. Mitigating circumstances may be established in national legislationfor persons who, having participated in enforced disappearances, areinstrumental in bringing the victims forward alive or in providingvoluntarily information which would contribute to clarify cases ofenforced disappearance.

Article 5 [state liability]In addition to such criminal penalties as are applicable, enforced

disappearances render their perpetrators and the State or State authoritieswhich organize, acquiesce in or tolerate such disappearances liable atcivil law, without prejudice to the international responsibility of theState concerned in accordance with the principles of international

Article 6 [no justification]1. No order or instruction of any public authority, civilian, military

or other, may be invoked to justify an enforced disappearance. Anyperson receiving such an order or instruction shall have the right andduty not to obey it.

2. Each State shall ensure that orders or instructions directing,authorizing or encouraging any enforced disappearance are prohibited.

3. Training of law enforcement officials shall emphasize the aboveprovisions.

Article 7 [no derogation]No circumstances whatsoever, whether a threat of war, a state of

war, internal political instability or any other public emergency,may be invoked to justify enforced disappearances.

1 D.7 DECLARATION ON THE PROTECTION OF ALL PERSONS FROM ENFORCEDDISAPPEARANCES

-adopted by the UN General Assembly in resolution 47/133 of 18 December 1992

Article 8 [prohibition of non-refoulement]1. No State shall expel, return (“refouler”) or extradite a person to

another State where there are substantial grounds to believe that hewould be in danger of enforced disappearance.

2. For the purpose of determining whether there are such grounds,the competent authorities shall take in to account all relevantconsiderations including, where applicable, the existence in the Stateconcerned of a consistent pattern of gross, flagrant or mass violationsof human rights.

Article 9 [right to a prompt and effective remedy]1. The right to a prompt and effective judicial remedy as a means of

determining the whereabouts or state of health of persons deprived oftheir liberty and/or identifying the authority ordering or carrying outthe deprivation of liberty, is required to prevent enforced disappearancesunder all circumstances, including those referred to in article 7.

2. In such proceedings, competent national authorities shall haveaccess to all places holding persons deprived of their liberty and toeach part thereof, as well as to any place in which there are grounds tobelieve that such persons may be found.

3. Any other competent authority entitled under law of the State orby any international legal instruments to which a State is a party mayalso have access to such places.

Article 10 [information on detention]1. Any person deprived of liberty shall be held in an officially

recognized place of detention and, in conformity with national law, bebrought before a judicial authority promptly after detention.

2. Accurate information on the detention of such persons and theirplace or places of detention, including transfers, shall be made promptlyavailable to their family members, their counsels of to any other personshaving a legitimate interest in the information unless a wish to thecontrary has been manifested by the persons concerned.

3. An official up-to-date register of all persons deprived of theirliberty shall be maintained in every place of detention. Additionally,each State shall take steps to maintain similar centralize registers. Theinformation contained in these registers shall be made available to thepersons mentioned in the paragraph above, to any judicial or othercompetent and independent national authority as well as to any othercompetent authority entitled under the law of the State concerned orany international legal instrument to which a Sate concerned is a party,seeking to trace the whereabouts of a detained person.

Article 11 [reliable verification of release]All persons deprived of liberty must be released in a manner

permitting reliable verification that they have actually been releasedand, further, have been released in conditions in which their physicalintegrity and ability fully to exercise their rights are assured.

Article 12 [adequate national supervision]1. Each State shall establish rules under its national law indicating

those officials authorized to order deprivation of liberty, establishingthe conditions under which such orders may be given, and stipulatingpenalties for officials who, without legal justification, refuse to provideinformation on any detention.

2. Each State shall likewise ensure strict supervision, including aclear chain of command, of all law enforcement officials responsiblefor apprehensions, arrests, detention, custody, transfers andimprisonment, and of other officials authorized by law to use force andfirearms.

1 D.7 DECLARATION ON THE PROTECTION OF ALL PERSONS FROM ENFORCED DISAPPEARANCES

73

Article 13 [right to complain and investigate]1. Each State shall ensure that any person having knowledge or a

legitimate interest who alleges that a person had been subjected toenforced disappearance has the right to complain to a competent anindependent State authority and to have that complaint promptly,thoroughly and impartially investigated by that authority. Wheneverthere a reasonable grounds to believe that an enforced disappearancehas been committed, the State shall promptly refer the matter to thatauthority for such an investigation, even if there has been no formalcomplaint. No measure shall be taken to curtail or impede theinvestigation.

2. Each State shall ensure that the competent authority shall havethe necessary powers and resources to conduct the investigationeffectively, including powers to compel attendance of witnesses andproduction of relevant documents and to make immediate on-site visits.

3. Steps shall be taken to ensure that all involved in the investigation,including the complainant, counsel, witnesses and those conductingthe investigation, are protected against ill-treatment, intimidation orreprisal.

4. The findings of such an investigation shall be made available uponrequest to all persons concerned, unless doing so would jeopardize anongoing criminal investigation.

5. Steps shall be take to ensure that any ill-treatment, intimidationor reprisal and any other form of interference of the occasion of thelodging of a complaint or the investigation procedure is appropriatelypunished.

6. An investigation, in accordance with the procedures describedabove, should be able to be conducted for as long as the fate of thevictim enforced disappearance remains unclarified.

Article 14 [prosecution of perpetrators]Any person alleged to have perpetrated an act of enforced

disappearance in a particular State shall, when the facts disclosed byan official investigation so warrant, be brought before the competentcivil authorities of that State for the purpose of prosecution an trialunless he has been extradited to another State wishing to exercisejurisdiction in accordance with the relevant international agreementsin force. All States should take any lawful and appropriate actionavailable to them to bring all persons presumed responsible for an actof enforced disappearance, found to be within their jurisdiction or underthere control, to justice.

Article 15 [asylum for perpetrators]The fact that there are grounds to believe that a person has participated

in acts of an extremely serious nature such as those referred to in article4.1, regardless of the motives, shall be taken into account when thecompetent authorities of the State decide whether or not to grant asylum.

Article 16 [suspension of suspects]1. Persons alleged to have committed any of the acts referred to in

article 4.1. shall be suspended from any official duties during theinvestigation referred to in article 13.

2. They shall be tried only by the competent ordinary courts in eachState, and not by any other special tribunal, in particular military courts.

3. No privileges, immunities or special exemptions shall be admittedin such trials, without prejudice to the provisions contained in the ViennaConvention on Diplomatic Relations.

4. The persons presumed responsible for such acts shall be guaranteedfair treatment in accordance with the relevant provisions of the UniversalDeclaration on Human Rights and other relevant internationalagreements in force at all stages of the investigation and eventualprosecution and trial.

Article 17 [statutes of limitations and remedies]1. Acts constituting enforced disappearance shall be considered a

continuing offence as long as the perpetrators continue to conceal thefate and the whereabouts of persons who have disappeared and thesefacts remain unclarified.

2. When the remedies provided for in article 2 of the InternationalCovenant on Civil and Political Rights are nog longer effective, thestatute of limitations relating to acts of enforced disappearance shallbe suspended until these remedies are re-established.

3. Statutes of limitations, where they exist, relating to acts on enforceddisappearance shall be substantial and commensurate with the extremeseriousness of the offence.

Article 18 [prohibition of granting amnesty]1. Persons who have, or are alleged to have, committed offenses

referred to in article 4.1. shall not benefit from any special amnestylaw or similar measures that might have the effect of exempting themfrom any criminal proceeding or sanction.

2. In the exercise of the right of pardon, the extreme seriousness ofacts of enforced disappearance shall be taken into account.

Article 19 [redress, compensation and rehabilitation]The victims of acts of enforced disappearance and their family shall

obtain redress and shall have the right to adequate compensation,including the means for as complete a rehabilitation as possible. In theevent of the death of the victims as a result of an act of enforceddisappearance, their dependants shall also be entitled to compensation.

Article 20 [abduction of children of disappeared persons]1. States shall prevent and suppress the abduction of children of

parents subjected to enforced disappearance and of children born duringtheir mother’s enforced disappearance, and shall devote their efforts tothe search for, and identification of, such children and to the restitutionof the children to their families of origin.

2. Considering the need to protect the best interests of childrenreferred to in the preceding paragraph, there shall be an opportunity, inStates which recognize a system of adoption, for a review of the adoptionof such children and, in particular, for annulment of any adoption whichoriginated in enforced disappearance. Such adoption should, however,continue to be in force if consent is given, at the time of the reviewmentioned above, by the child’s closest relatives.

3. The abduction of children of parents subjected to enforceddisappearance or of children born during their mother’s enforceddisappearance, ant the act of altering or suppressing document attestingto their true identity, shall constitute an extremely serious offence, whichshall be punished as such

4. For these purposes, States shall, where appropriate, concludebilateral and multilateral agreements.

Article 21 [prevalence of best standards]The provision of the present Declaration are without prejudice to

the provisions enunciated in the Universal Declaration of Human Rightsor in any other international instruments, and shall not be construed asrestricting or derogating from any of the provisions contained therein.

1 D.7 DECLARATION ON THE PROTECTION OF ALL PERSONS FROM ENFORCED DISAPPEARANCES

74

1 D.8 PRINCIPLES ON THE EFFECTIVE PREVENTION AND INVESTIGATION OF EXTRA-LEGAL,ARBITRARY AND SUMMARY EXECUTIONS

-adopted by the Economic and Social Council in resolution 1989/65 of 24 May 1989

1 D.8 PRINCIPLES ON THE EFFECTIVE PREVENTION AND INVESTIGATIONOF EXTRA-LEGAL, ARBITRARY AND SUMMARY EXECUTIONS

PREVENTIONPrinciple 1[prohibition by law]

Governments shall prohibit by law all extra-legal, arbitrary andsummary executions and shall ensure that any such executions arerecognized as offences under their criminal laws, and are punishableby appropriate penalties which take into account the seriousness ofsuch offences. Exceptional circumstances including a state of war,internal political instability or any other public emergence may not beinvoked as a justification of such executions. Such executions shall notbe carried out under any circumstances including, but not limited to,situations of internal armed conflict, excessive or illegal use of forceby a public official or other person acting in an official capacity or aperson acting at the instigation, or with the consent or acquiescence ofsuch person, and situations in which deaths occur in custody. Thisprohibition shall prevail over decrees issued by governmental authority.

Principle 2[strict control of officials]In order to prevent extra-legal, arbitrary and summary executions,

Governments shall ensure strict control, including a clear chain ofcommand over all officials responsible for the apprehension, arrest,detention, custody and imprisonment as well as those officialsauthorized by law to use force and firearms.

Principle 3[orders prohibited, right/duty to defy]Governments shall prohibit orders from superior officers or public

authorities authorizing or inciting other persons tot carry out any suchextra-legal, arbitrary or summary executions. All persons shall havethe right and the duty to defy such orders. Training of law enforcementofficials shall emphasize the above provisions.

Principle 4[effective protection]Effective protection through judicial or other means shall be

guaranteed to individuals and groups who are in danger of extra-legal,arbitrary or summary executions, including those who receive deaththreats.

Principle 5[prohibition of refoulement]No one shall be involuntarily returned or extradited to a country

where there are substantial grounds for believing that he or she maybecome a victim of extra-legal, arbitrary or summary execution in thatcountry.

Principle 6[access to information]Governments shall ensure that persons deprived of their liberty are

held in officially recognized places of custody, and that accurateinformation on their custody and whereabouts, including transfers, ismade promptly available to their relatives and lawyer or other personsof confidence.

Principle 7[inspections]Qualified inspectors, including medical personnel, or an equivalent

independent authority, shall conduct inspections in places of custodyon a regular basis, and be empowered to undertake unannouncedinspections on their own initiative, with full guaranteed of independencein the exercise of this function.The inspectors shall have unrestricted access to all persons in suchplaces of custody, as well as to all their records.

Principle 8[international efforts]Governments shall make every effort to prevent extra-legal, arbitrary

and summary executions through measures such as diplomaticintercession, improved access of complainants to intergovernmentaland judicial bodies, and public denunciation. Intergovernmentalmechanisms shall be used to investigate reports of any such executionsand to take effective action against such practices. Governments,including those of countries where extra-legal, arbitrary and summaryexecutions are reasonably suspected to occur, shall co-operate fully ininternational investigations on the subject.

INVESTIGATIONSPrinciple 9 [thorough, prompt and impartial investigation]

There shall be a thorough, prompt and impartial investigation of allsuspected cases of extra-legal, arbitrary and summary executions,including cases where complaints by relatives or other reliable reportssuggest unnatural death in the above circumstances. Governments shallmaintain investigative offices and procedures to undertake suchinquiries. The purpose of the investigation shall be to determine thecause, manner and time of death, the person responsible, and anyadequate autopsy, collections and analysis of all physical anddocumentary evidence, and statements form witnesses. Theinvestigation shall distinguish between natural death, accidental death,suicide and homicide.

Principle 10 [power to obtain necessary information]The investigative authority shall have the power to obtain all the

information necessary to the inquiry. Those persons conducting theinvestigation shall have at their disposal all the necessary budgetaryand technical resources for effective investigation. They shall also havethe authority to oblige officials allegedly involved in any suchexecutions to appear and testify. The same shall apply to any witness.To this end, they shall be entitled to issue summons to witnesses,including the officials allegedly involved, and to demand the productionof evidence.

Principle 11 [independent inquiry]In cases in which the established investigative procedures are

inadequate because of lack of expertise or impartiality, because of theimportance of the matter or because of the apparent existence of a patternof abuse, and in cases where there are complaints from the family ofthe victim about these inadequacies or other substantial reasons,governments shall pursue investigations through an independentcommission of inquiry or similar procedure. Members of such acommission shall be chosen for their recognized impartiality,competence and independence as individuals. In particular, they shallbe independent of any institution, agency or person that may be thesubject of the inquiry. The commission shall have the authority to obtainall information necessary to the inquiry and shall conduct the inquiryas provided for under these Principles.

Principle 12 [autopsy]The body of the deceased person shall not be disposed of until an

adequate autopsy is conducted by a physician, who shall, if possible,be an expert in forensic pathology. Those conducting the autopsy shallhave the right of access to all investigative data, to the place where thedeath is thought to have occurred. If the body has been buried and itlater appears that an investigation is required, the body shall be promptlyand competently exhumed for an autopsy. If skeletal remains arediscovered, they should be carefully exhumed and studied accordingto systematic anthropological techniques.

751 D.8 PRINCIPLES ON THE EFFECTIVE PREVENTION AND INVESTIGATION OF EXTRA-LEGAL, ARBITRARY AND SUMMARY EXECUTIONS

Principle 13 [autopsy, purpose and report]The body of the deceased shall be available to those conducting the

autopsy for a sufficient amount of time to enable a thoroughinvestigation to be carried out. The autopsy shall, at a minimum, attemptto establish the identity of the deceased and the cause and manner ofdeath. The time and place of death shall also be determined to the extentpossible. Detailed colour photographs of the deceased shall be includedin the autopsy report in order to document and support the findings ofthe investigation. The autopsy report must describe any and all inquiresto the deceased including any evidence of torture.

Principle 14 [impartial and independent autopsy]In order to ensure objective results, those conducting the autopsy

must be able to function impartially and independently of any potentiallyimplicated persons or organizations or entities.

Principle 15 [complementary protection measures]Complainants, witnesses, those conducting the investigation and their

families shall be protected form violence, threats of violence or anyother form of intimidation. Those potentially implicated in extra-legal,arbitrary or summary executions shall be removed from any positionof control or power, whether direct or indirect, over complainants,witnesses and their families, as well as over those conductinginvestigations.

Principle 16 [information to family]Families of the deceased and their legal representatives shall be

informed of, and have access to, any hearing as well as to all informationrelevant to the investigation, and shall be entitled to present otherevidence. The family of the deceased shall have the right to insist thata medical or other qualified representative be present at the autopsy.When the identity of deceased person has been determined, a notificationof death shall be posted, and the family or relatives of the deceasedimmediately informed. The body of the deceased shall be returned tothem upon completion of the investigation.

Principle 17 [written report]A written report shall be made within a reasonable period of time on

the methods and findings of such investigations. The report shall bemade public immediately and shall include the scope of the inquiry,procedures and methods used to evaluate evidence as well asconclusions an recommendations based on findings of fact and onapplicable law. The report shall also describe in detail specific eventsthat were found to have occurred, and the evidence upon which suchfindings were based, and list the names of witnesses who testified, withthe exception of those whose identities have been withheld for theirown protection. The Government shall, within a reasonable period oftime, either reply to the report of the investigation, or indicate the stepsto be taken in response to it.

LEGAL PROCEEDINGSPrinciple 18 [justice]

Governments shall ensure that persons identified by the investigationas having participated in extra-legal, arbitrary and summary executionsin any territory under their jurisdiction are brought to justice.Governments shall either bring such persons to justice or co-operate toextradite any such persons to other countries wishing to exercisejurisdiction. This principle shall apply irrespective of who and wherethe perpetrators of the victims are, their nationalities or where theoffence was committed.

Principle 19 [no justification]Without prejudice to Principle 3 above, an order from a superior

officer or a public authority may not be invoked as a justification forextra-legal, arbitrary or summary execution. Superiors, officers or otherpublic officials may be held responsible for acts committed by officialsunder their hierarchical authority if they had a reasonable opportunityto prevent such acts. In no circumstances, including a state of war,siege or other public emergency, shall blanket immunity fromprosecution be granted to any person allegedly involved in extra-legal,arbitrary or summary executions.

Principle 20 [fair and adequate compensation]The families and dependents of victims of extra-legal, arbitrary and

summary executions shall be entitled to fair and adequate compensationwithin a reasonable period of time.

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1. All prisoners shall be treated with the respect due to their inherentdignity and value as human beings.

2. There shall be no discrimination on the grounds of race, colour,sex, language, religion, political or other opinion, national or socialorigin, property, birth or other status.

3. It is, however, desirable to respect the religious beliefs and culturalprecepts of the group to which prisoners belong, whenever localconditions so require.

4. The responsibility of prisons for the custody of prisoners and forthe protection of society against crime shall be discharged in keepingwith a State’s other social objectives and its fundamental responsibilitiesfor promoting the well-being and development of all members of society.

5. Except for those limitations that are demonstrably necessitatedby the fact of incarceration, all prisoners shall retain the human rightsand fundamental freedoms set out in the Universal Declaration ofHuman Rights, and, where the State concerned is a party, theInternational Covenant on Economic, Social and Cultural Rights, andthe International Covenant on Civil and Political Rights and the OptionalProtocol thereto, as well as such other rights as are set out in otherUnited Nations covenants.

6. All prisoners shall have the right to take part in cultural activitiesand education aimed at the full development of the human personality.

7. Efforts addressed to the abolition of solitary confinement as apunishment, or to the restriction of its use, should be undertaken andencouraged.

8. Conditions shall be created enabling prisoners to undertakemeaningful remunerated employment which will facilitate theirreintegration into the country’s labour market and permit them tocontribute to their own financial support and to that of their families.

9. Prisoners shall have access to the health services available in thecountry without discrimination on the grounds of their legal situation.

10. With the participation and help of the community and socialinstitutions, and with due regard to the interests of victims, favourableconditions shall be created for the reintegration of the ex-prisoner intosociety under the best possible conditions.

11. The above Principles shall be applied impartially.

1 D.9 BASIC PRINCIPLES FOR THE TREATMENT OF PRISONERS

- adopted and proclaimed by General Assembly resolution 45/111 of 14 December 1990

1 D.9 BASIC PRINCIPLES FOR THE TREATMENT OF PRISONERS

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A. Victims of Crime1. “Victims” means persons who, individually or collectively, have

suffered harm, including physical or mental injury, emotional suffering,economic loss or substantial impairment of their fundamental rights,through acts or omissions that are in violation of criminal laws operativewithin Member States, including those laws proscribing criminal abuseof power.

2. A person may be considered a victim, under this Declaration,regardless of whether the perpetrator is identified, apprehended,prosecuted or convicted and regardless of the familial relationshipbetween the perpetrator and the victim. The term “victim” also includes,where appropriate, the immediate family or dependants of the directvictim and persons who have suffered harm in intervening to assistvictims in distress or to prevent victimization.

3. The provisions contained herein shall be applicable to all, withoutdistinction of any kind, such as race, colour, sex, age, language, religion,nationality, political or other opinion, cultural beliefs or practices,property, birth or family status, ethnic or social origin, and disability.

Access to justice and fair treatment4. Victims should be treated with compassion and respect for their

dignity. They are entitled to access to the mechanisms of justice and toprompt redress, as provided for by national legislation, for the harmthat they have suffered.

5. Judicial and administrative mechanisms should be established andstrengthened where necessary to enable victims to obtain redress throughformal or informal procedures that are expeditious, fair, inexpensiveand accessible. Victims should be informed of their rights in seekingredress through such mechanisms.

6. The responsiveness of judicial and administrative processes tothe needs of victims should be facilitated by:a) Informing victims of their role and the scope, timing and progress ofthe proceedings and of the disposition of their cases, especially whereserious crimes are involved and where they have requested suchinformation;b) Allowing the views and concerns of victims to be presented andconsidered at appropriate stages of the proceedings where their personalinterests are affected, without prejudice to the accused and consistentwith the relevant national criminal justice system;c) Providing proper assistance to victims throughout the legal process;d) Taking measures to minimize inconvenience to victims, protect theirprivacy, when necessary, and ensure their safety, as well as that of theirfamilies and witnesses on their behalf, from intimidation and retaliation;e) Avoiding unnecessary delay in the disposition of cases and theexecution of orders or decrees granting awards to victims.

7. Informal mechanisms for the resolution of disputes, includingmediation, arbitration and customary justice or indigenous practices,should be utilized where appropriate to facilitate conciliation and redressfor victims.

Restitution8. Offenders or third parties responsible for their behaviour should,

where appropriate, make fair restitution to victims, their families ordependants. Such restitution should include the return of property orpayment for the harm or loss suffered, reimbursement of expensesincurred as a result of the victimization, the provision of services andthe restoration of rights.

9. Governments should review their practices, regulations and lawsto consider restitution as an available sentencing option in criminalcases, in addition to other criminal sanctions.

10. In cases of substantial harm to the environment, restitution, ifordered, should include, as far as possible, restoration of theenvironment, reconstruction of the infrastructure, replacement ofcommunity facilities and reimbursement of the expenses of relocation,whenever such harm results in the dislocation of a community.

1 D.10 DECLARATION OF BASIC PRINCIPLES OF JUSTICE FOR VICTIMS OF CRIME AND ABUSEOF POWER

-adopted by General Assembly resolution 40/34 of 29 November 1985

11. Where public officials or other agents acting in an official orquasi-official capacity have violated national criminal laws, the victimsshould receive restitution from the State whose officials or agents wereresponsible for the harm inflicted. In cases where the Government underwhose authority the victimizing act or omission occurred is no longerin existence, the State or Government successor in title should providerestitution to the victims.

Compensation12. When compensation is not fully available from the offender or

other sources, States should endeavour to provide financialcompensation to:a) Victims who have sustained significant bodily injury or impairmentof physical or mental health as a result of serious crimes;b) The family, in particular dependants of persons who have died orbecome physically or mentally incapacitated as a result of suchvictimization.

13. The establishment, strengthening and expansion of national fundsfor compensation to victims should be encouraged. Where appropriate,other funds may also be established for this purpose, including in thosecases where the State of which the victim is a national is not in a positionto compensate the victim for the harm.

Assistance14. Victims should receive the necessary material, medical,

psychological and social assistance through governmental, voluntary,community-based and indigenous means.

15. Victims should be informed of the availability of health and socialservices and other relevant assistance and be readily afforded access tothem.

16. Police, justice, health, social service and other personnelconcerned should receive training to sensitize them to the needs ofvictims, and guidelines to ensure proper and prompt aid.

17. In providing services and assistance to victims, attention shouldbe given to those who have special needs because of the nature of theharm inflicted or because of factors such as those mentioned inparagraph 3 above.

B. Victims of Abuse of Power18. “Victims” means persons who, individually or collectively, have

suffered harm, including physical or mental injury, emotional suffering,economic loss or substantial impairment of their fundamental rights,through acts or omissions that do not yet constitute violations of nationalcriminal laws but of internationally recognized norms relating to humanrights.

19. States should consider incorporating into the national law normsproscribing abuses of power and providing remedies to victims of suchabuses. In particular, such remedies should include restitution and/orcompensation, and necessary material, medical, psychological andsocial assistance and support.

20. States should consider negotiating multilateral internationaltreaties relating to victims, as defined in paragraph 18.

21. States should periodically review existing legislation andpractices to ensure their responsiveness to changing circumstances,should enact and enforce, if necessary, legislation proscribing acts thatconstitute serious abuses of political or economic power, as well aspromoting policies and mechanisms for the prevention of such acts,and should develop and make readily available appropriate rights andremedies for victims of such acts.

1 D.10 DECLARATION OF BASIC PRINCIPLES OF JUSTICE FOR VICTIMS OF CRIME AND ABUSE OF POWER

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1 E.1 CONVENTION RELATING TO THE STATUS OF REFUGEES

-adopted by the UN Conference on the Status of Refugees and Stateless Persons 28 July 1951 at Geneva-opened for signature and ratification on 28 July 1951-entered into force on 22 April 1954-ratifications, etc.: 142 as per 15 July 2004-excerpts of 46 articles

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 theGeneral Assembly have affirmed the principle that human beings shallenjoy fundamental rights and freedoms without discrimination,

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

Considering that it is desirable to revise and consolidate previousinternational agreements relating to the status of refugees and to extendthe scope of and the protection accorded by such instruments by meansof a new agreement,

[ . . ]Have agreed as follows:

CHAPTER I GENERAL PROVISIONSArticle 1 Definition of the term “refugee”

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

(1) Has been considered a refugee under the Arrangements of 12May 1926 and 30 June 1928 or under the Conventions of 28 October1933 and 10 February 1938, the Protocol of 14 September 1939 or theConstitution of the International Refugee Organization:

Decisions of non-eligibility taken by the International RefugeeOrganization during the period of its activities shall not prevent thestatus of refugee being accorded to persons who fulfil the conditions ofparagraph 2 of this section;

(2) As a result of events occurring before I January 1951 and Owingto well-founded fear of being persecuted for reasons of race, religion,nationality, membership of a particular social group or political opinion,is outside the country of his nationality and is unable, or Owing to suchfear, is unwilling to avail himself of the protection of that country; orwho, not having a nationality and being outside the country of his formerhabitual residence as a result of such events, is unable or, owing tosuch fear, is unwilling to return to it.

In the case of a person who has more than one nationality, the term“the country of his nationality” shall mean each of the countries ofwhich he is a national, and a person shall not be deemed to be lackingthe protection of the country of his nationality if, without any validreason based on well-founded fear, he has not availed himself of theprotection of one of the countries of which he is a national.

B. (1) For the purposes of this Convention, the words “eventsoccurring before 1 January 1951” in article 1 section A, shall beunderstood to mean either (a) “events occurring in Europe before 1January 1951”; or (b) “events occurring in Europe or elsewhere beforeJanuary 1951”; and each Contracting State shall make a declaration atthe time of signature, ratification or accession, specifying which ofthese meanings it applies for the purpose of its obligations under thisConvention.

(2) Any Contracting State which has adopted alternative (a) may atany time extend its obligations by adopting alternative (b) by means ofa notification addressed to the Secretary-General of the United Nations.

C. This Convention shall cease to apply to any person falling underthe terms of section A if:

(1) He has voluntarily re-availed himself of the protection of thecountry of his nationality; or

(2) Having lost his nationality, he has voluntarily reacquired it; or(3) He has acquired a new nationality, and enjoys the protection of

the country of his new nationality; or(4) He has voluntarily re-established himself in the country which

he left or outside which he remained owing to fear of persecution; or

(5) He can no longer, because the circumstances in connection withwhich he has been recognized as a refugee have ceased to exist, continueto refuse to avail himself of the protection of the country of hisnationality; Provided that this paragraph shall not apply to a refugeefalling under section A (1) of this article who is able to invokecompelling reasons arising out of previous persecution for refusing toavail himself of the protection of the country of nationality;

(6) Being a person who has no nationality he is, because thecircumstances in connection with which he has been recognized as arefugee have ceased to exist, able to return to the country of his formerhabitual residence;

Provided that this paragraph shall not apply to a refugee falling undersection A (1) of this article who is able to invoke compelling reasonsarising out of previous persecution for refusing to return to the countryof his former habitual residence.

D. This Convention shall not apply to persons who are at presentreceiving from organs or agencies of the United Nations other than theUnited Nations High Commissioner for Refugees protection orassistance.

When such protection or assistance has ceased for any reason, withoutthe position of such persons being definitively settled in accordancewith the relevant resolutions adopted by the General Assembly of theUnited Nations, these persons shall ipso facto be entitled to the benefitsof this Convention.

E. This Convention shall not apply to a person who is recognized bythe competent authorities of the country in which he has taken residenceas having the rights and obligations which are attached to the possessionof the nationality of that country.

F. The provisions of this Convention shall not apply to any personwith respect to whom there are serious reasons for considering that:

(a) He has committed a crime against peace, a war crime, or a crimeagainst humanity, as defined in the international instruments drawn upto make provision in respect of such crimes;

(b) He has committed a serious non-political crime outside thecountry of refuge prior to his admission to that country as a refugee;

(c) He has been guilty of acts contrary to the purposes and principlesof the United Nations.

Article 2 General obligationsEvery refugee has duties to the country in which he finds himself,

which require in particular that he conform to its laws and regulationsas well as to measures taken for the maintenance of public order.

Article 3 Non-discriminationThe Contracting States shall apply the provisions of this Convention

to refugees without discrimination as to race, religion or country oforigin.

Article 4 ReligionThe Contracting States shall accord to refugees within their territories

treatment at least as favourable as that accorded to their nationals withrespect to freedom to practise their religion and freedom as regards thereligious education of their children.

Article 6 The term “in the same circumstances”For the purposes of this Convention, the term “in the same

circumstances” implies that any requirements (including requirementsas to length and conditions of sojourn or residence) which the particularindividual would have to fulfil for the enjoyment of the right in question,if he were not a refugee, must be fulfilled by him, with the exception ofrequirements which by their nature a refugee is incapable of fulfilling.


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Article 7 Exemption from reciprocity1. Except where this Convention contains more favourable

provisions, a Contracting State shall accord to refugees the sametreatment as is accorded to aliens generally.

2. After a period of three years’ residence, all refugees shall enjoyexemption from legislative reciprocity in the territory of the ContractingStates.

3. Each Contracting State shall continue to accord to refugees therights and benefits to which they were already entitled, in the absenceof reciprocity, at the date of entry into force of this Convention for thatState.

4. The Contracting States shall consider favourably the possibilityof according to refugees, in the absence of reciprocity, rights and benefitsbeyond those to which they are entitled according to paragraphs 2 and3, and to extending exemption from reciprocity to refugees who do notfulfil the conditions provided for in paragraphs 2 and 3.

5. The provisions of paragraphs 2 and 3 apply both to the rights andbenefits referred to in articles I 3, 18, 19, 21 and 22 of this Conventionand to rights and benefits for which this Convention does not provide.

Article 8 Exemption from exceptional measuresWith regard to exceptional measures which may be taken against

the person, property or interests of nationals of a foreign State. theContracting States shall not apply such measures to a refugee who isformally a national of the said State solely on account of such nationality.Contracting States which, under their legislation, are prevented fromapplying the general principle expressed in this article, shall, inappropriate cases, grant exemptions in favour of such refugees.

Article 9 Provisional measuresNothing in this Convention shall prevent a Contracting State, in time

of war or other grave and exceptional circumstances, from takingprovisionally measures which it considers to be essential to the nationalsecurity in the case of a particular person, pending a determination bythe Contracting State that that person is in fact a refugee and that thecontinuance of such measures is necessary in his case in the interestsof national security.

Article 10 Continuity of residence1. Where a refugee has been forcibly displaced during the Second

World War and removed to the territory of a Contracting State, and isresident there, the period of such enforced sojourn shall be consideredto have been lawful residence within that territory.

2. Where a refugee has been forcibly displaced during the SecondWorld War from the territory of a Contracting State and has, prior tothe date of entry into force of his Convention, returned there for thepurpose of taking up residence, the period of residence before and aftersuch enforced displacement shall be regarded as one uninterruptedperiod for any purposes for which uninterrupted residence is required.

CHAPTER II JURIDICAL STATUSArticle 12 Personal status

1. The personal status of a refugee shall be governed by the law ofthe country of his domicile. or, if he has no domicile, by the law of thecountry of his residence.

2. Rights previously acquired by a refugee and dependent onpersonal status, more particularly rights attaching to marriage, shall berespected by a Contracting State, subject to compliance, if this benecessary, with the formalities required by the law of that State, providedthat the right in question is one which would have been recognized bythe law of that State had he not become a refugee.

Article 15 Right of associationAs regards non-political and non-profit-making associations and

trade unions the Contracting States shall accord to refugees law-fullystaying in their territory the most favourable treatment accorded tonationals of a foreign country, in the same circumstances.

Article 16 Access to courts1. A refugee shall have free access to the courts of law on the territory

of all Contracting States.2. A refugee shall enjoy in the Contracting State in which he has

habitual residence the same treatment as a national in matters pertaining

to access to the Courts, including legal assistance and exemption fromcautio judicatum solvi.

3. A refugee shall be accorded in the matters referred to in paragraph2 in countries other than that in which he has his habitual residence thetreatment granted to a national of the country of his habitual residence.

CHAPTER III GAINFUL EMPLOYMENTArticle 17 Wage-earning employment

1. The Contracting States shall accord to refugees lawfully stayingin their territory the most favourable treatment accorded to nationalsof a foreign country in the same circumstances, as regards the right toengage in wage-earning employment.

2. In any case, restrictive measures imposed on aliens or theemployment of aliens for the protection of the national labour marketshall not be applied to a refugee who was already exempt from them atthe date of entry into force of this Convention for the Contracting Stateconcerned, or who fulfils one of the following conditions:a) He has completed three years’ residence in the country;b) He has a spouse possessing the nationality of the country of residence.A refugee may not invoke the benefit of this provision if he hasabandoned his spouse;c) He has one or more children possessing the nationality of the countryof residence.

3. The Contracting States shall give sympathetic consideration toassimilating the rights of all refugees with regard to wage-earningemployment to those of nationals, and in particular of those refugeeswho have entered their territory pursuant to programmes of labourrecruitment or under immigration schemes.

Article 18 Self-employmentThe Contracting States shall accord to a refuge lawfully in their

territory treatment as favourable as possible and, in any event, not lessfavourable than that accorded to aliens generally in the samecircumstances, as regards the right to engage on his own account inagriculture, industry, handicrafts and commerce and to establishcommercial and industrial companies.

Article 19 Liberal professions1. Each Contracting State shall accord to refugees lawfully staying

in their territory who hold diplomas recognized by the competentauthorities of that State, and who are desirous of practising a liberalprofession, treatment as favourable as possible and, in any event, notless favourable than that accorded to aliens generally in the samecircumstances.

2. The Contracting States shall use their best endeavours consistentlywith their laws and constitutions to secure the settlement of suchrefugees in the territories, other than the metropolitan territory, for whoseinternational relations they are responsible.

CHAPTER IV WELFAREArticle 20 Rationing

Where a rationing system exists, which applies to the population atlarge and regulates the general distribution of products in short supply,refugees shall be accorded the same treatment as nationals.

Article 21 HousingAs regards housing, the Contracting States, in so far as the matter is

regulated by laws or regulations or is subject to the control of publicauthorities, shall accord to refugees lawfully staying in their territorytreatment as favourable as possible and, in any event, not less favourablethan that accorded to aliens generally in the same circumstances.

Article 22 Public education1. The Contracting States shall accord to refuge the same treatment

as is accorded to nationals with respect to elementary education.2. The Contracting States shall accord to refugees treatment as

favourable as possible, and, in any event, not less favourable than thataccorded to aliens generally in the same circumstances, with respect toeducation other than elementary education and, in particular, as regardsaccess to studies, the recognition of foreign school certificates, diplomasand degrees, the remission of fees and charges and the award ofscholarships.


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Article 23 Public reliefThe Contracting States shall accord to refugees lawfully staying in

their territory the same treatment with respect to public relief andassistance as is accorded to their nationals.

Article 24 Labour legislation and social security1. The Contracting States shall accord to refugees lawfully staying

in their territory the same treatment as is accorded to nationals in respectof the following matters:a) In so far as such matters are governed by laws or regulations or aresubject to the control of administrative authorities: remuneration,including family allowances where these form part of remuneration,hours of work, overtime arrangements, holidays with pay, restrictionson home work, minimum age of employment, apprentice-ship andtraining, women’s work and the work of young persons, and theenjoyment of the benefits of collective bargaining;b) Social security (legal provisions in respect of employment injury,occupational diseases, maternity, sickness, disability, old age, death,unemployment, family responsibilities and any other contingencywhich, according to national laws or regulations, is covered by a socialsecurity scheme), subject to the following limitations:i) There may be appropriate arrangements for the maintenance of

acquired rights and rights in course of acquisition;ii)National laws or regulations of the country of residence may prescribe

special arrangements concerning benefits or portions of benefitswhich are payable wholly out of public funds, and concerningallowances paid to persons who do not fulfil the contributionconditions prescribed for the award of a normal pension.2. The right to compensation for the death of a refugee resulting

from employment injury or from occupational disease shall not beaffected by the fact that the residence of the beneficiary is outside theterritory of the Contracting State.

3. The Contracting States shall extend to refugees the benefits ofagreements concluded between them, or which may be concludedbetween them in the future, concerning the maintenance of acquiredrights and rights in the process of acquisition in regard to social security,subject only to the conditions which apply to nationals of the Statessignatory to the agreements in question.

4. The Contracting States will give sympathetic consideration toextending to refugees so far as possible the benefits of similaragreements which may at any time be in force between such ContractingStates and non-contracting States.

CHAPTER V ADMINISTRATIVE MEASURESArticle 25 Administrative assistance

1. When the exercise of a right by a refugee would normally requirethe assistance of authorities of a foreign country to whom he cannothave recourse, the Contracting States in whose territory he is residingshall arrange that such assistance be afforded to him by their ownauthorities or by an international authority.

2. The authority or authorities mentioned in paragraph 1 shall deliveror cause to be delivered under their supervision to refugees suchdocuments or certifications as would normally be delivered to aliensby or through their national authorities.

3. Documents or certifications so delivered shall stand in the steadof the official instruments delivered to aliens by or through their nationalauthorities, and shall be given credence in the absence of proof to thecontrary.

4. Subject to such exceptional treatment as may be granted to indigentpersons, fees may be charged for the services mentioned herein, butsuch fees shall be moderate and commensurate with those charged tonationals for similar services.

5. The provisions of this article shall be without prejudice to articles27 and 28.

Article 26 Freedom of movementEach Contracting State shall accord to refugees lawfully in its

territory the right to choose their place of residence and to move freelywithin its territory, subject to any regulations applicable to aliensgenerally in the same circumstances.

Article 27 Identity papers[ . . . ]

Article 28 Travel documents1. The Contracting States shall issue to refugees lawfully staying in

their territory travel documents for the purpose of travel outside theirterritory, unless compelling reasons of national security or public orderotherwise require, and the provisions of the Schedule to this Conventionshall apply with respect to such documents. The Contracting Statesmay issue such a travel document to any other refugee in their territory;they shall in particular give sympathetic consideration to the issue ofsuch a travel document to refugees in their territory who are unable toobtain a travel document from the country of their lawful residence.

2. Travel documents issued to refugees under previous internationalagreements by parties thereto shall be recognized and treated by theContracting States in the same way as if they had been issued pursuantto this article.

Article 30 Transfer of assets1. A Contracting State shall, in conformity with its laws and

regulations, permit refugees to transfer assets which they have broughtinto its territory, to another country where they have been admitted forthe purposes of resettlement.

2. A Contracting State shall give sympathetic consideration to theapplication of refugees for permission to transfer assets wherever theymay be and which are necessary for their resettlement in another countryto which they have been admitted.

Article 31 Refugees unlawfully in the country of refuge1. The Contracting States shall not impose penalties, on account of

their illegal entry or presence, on refugees who, coming directly froma territory where their life or freedom was threatened in the sense ofarticle 1, enter or are present in their territory without authorization,provided they present themselves without delay to the authorities andshow good cause for their illegal entry or presence.

2. The Contracting States shall not apply to the movements of suchrefugees restrictions other than those which are necessary and suchrestrictions shall only be applied until their status in the country isregularized or they obtain admission into another country. TheContracting States shall allow such refugees a reasonable period andall the necessary facilities to obtain admission into another country.

Article 32 Expulsion1. The Contracting States shall not expel a refugee lawfully in their

territory save on grounds of national security or public order.2. The expulsion of such a refugee shall be only in pursuance of a

decision reached in accordance with due process of law. Except wherecompelling reasons of national security otherwise require, the refugeeshall be allowed to submit evidence to clear himself, and to appeal toand be represented for the purpose before competent authority or aperson or persons specially designated by the competent authority.

3. The Contracting States shall allow such a refugee a reasonableperiod within which to seek legal admission into another country. TheContracting States reserve the right to apply during that period suchinternal measures as they may deem necessary.

Article 33 Prohibition of return (“Non-Refoulement”)1. No Contracting State shall expel or return (“refouler”) a refugee

in any manner whatsoever to the frontiers of territories where his lifeor freedom would be threatened on account of his race, religion,nationality, membership of a particular social group or political opinion.

2. The benefit of the present provision may not, however, be claimedby a refugee whom there are reasonable grounds for regarding as adanger to the security of the country in which he is, or who, havingbeen convicted by a final judgement of a particularly serious crime,constitutes a danger to the community of that country.

CHAPTER VI EXECUTORY AND TRANSITORY PROVISIONSArticles 35-37

[ . . . ]

CHAPTER VII FINAL CLAUSESArticles 38-46


81

The States Parties to the present Protocol,Considering that the Convention relating to the Status of Refugees

done at Geneva on 28 July 1951 (hereinafter referred to as theConvention) covers only those persons who have become refugees as aresult of events occurring before 1 January 1951,

Considering that new refugee situations have arisen since theConvention was adopted and that the refugees concerned may thereforenot fall within the scope of the Convention,

Considering that it is desirable that equal status should be enjoyedby all refugees covered by the definition in the Convention irrespectiveof the dateline 1 January 1951,


Article 1 General provision1. The States Parties to the present Protocol undertake to apply articles

2 to 34 inclusive of the Convention to refugees as hereinafter defined.2. For the purpose of the present Protocol, the term “refugee” shall,

except as regards the application of paragraph 3 of this article, meanany person within the definition of article 1 of the Convention as if thewords “As a result of events occurring before 1 January 1951 and...”and the words “... as a result of such events”, in article 1 A (2) wereomitted.

3. The present Protocol shall be applied by the States Parties heretowithout any geographic limitation, save that existing declarations madeby States already Parties to the Convention in accordance with article1 B (1) (a) of the Convention, shall, unless extended under article 1 B(2) thereof, apply also under the present Protocol.

Article 2 Co-operation of the national authorities with the UnitedNations

1. The States Parties to the present Protocol undertake to cooperatewith the Office of the United Nations High Commissioner for Refugees,or any other agency of the United Nations which may succeed it, in theexercise of its functions, and shall in particular facilitate its duty ofsupervising the application of the provisions of the present Protocol.

2. In order to enable the Office of the High Commissioner or anyother agency of the United Nations which may succeed it, to makereports to the competent organs of the United Nations, the States Partiesto the present Protocol undertake to provide them with the informationand statistical data requested, in the appropriate form, concerning:a) The condition of refugees;b) The implementation of the present Protocol;c) Laws, regulations and decrees which are, or may hereafter be, inforce relating to refugees.

Article 3 Information on national legislationThe States Parties to the present Protocol shall communicate to the

Secretary-General of the United Nations the laws and regulations whichthey may adopt to ensure the application of the present Protocol.

Article 4 Settlement of disputesAny dispute between States Parties to the present Protocol which

relates to its interpretation or application and which cannot be settledby other means shall be referred to the International Court of Justice atthe request of any one of the parties to the dispute.

Article 5 AccessionThe present Protocol shall be open for accession on behalf of all

States Pates to the Convention and of any other State Member of theUnited Nations or member of any of the specialized agencies or towhich an invitation to accede may have been addressed by the GeneralAssembly of the United Nations. Accession shall be effected by thedeposit of an instrument of accession with the Secretary-General ofthe United Nations.

1 E.2 PROTOCOL RELATING TO THE STATUS OF REFUGEES

-taken note of by the UN General Assembly in Resolution 2198 (XXI) of 16 December 1966-opened for signature, ratification and accession on 31 January 1967-entered into force on 4 October 1967-excerpts of in total 11 articles-ratifications: 142 as per 15 July 2004

Article 6 Federal clauseIn the case of a Federal or non-unitary State, the following provisions

shall apply:a) With respect to those articles of the Convention to be applied in

accordance with article 1, paragraph 1, of the present Protocol thatcome within the legislative jurisdiction of the federal legislativeauthority, the obligations of the Federal Government shall to this extentbe the same as those of States Parties which are not Federal States;

b) With respect to those articles of the Convention to be applied inaccordance with article 1, paragraph 1, of the present Protocol thatcome within the legislative jurisdiction of constituent states, provincesor cantons which are not, under the constitutional system of theFederation, bound to take legislative action, the Federal Governmentshall bring such articles with a favourable recommendation to the noticeof the appropriate authorities of states, provinces or cantons at theearliest possible moment;

c) A Federal State Party to the present Protocol shall, at the requestof any other State Party hereto transmitted through the Secretary-General of the United Nations, supply a statement of the law and practiceof the Federation and its constituent units in regard to any particularProvision of the Convention to be applied in accordance with article 1,paragraph 1, of the present Protocol, showing the extent to which effecthas been given to that provision by legislative or other action.

Article 7 Reservations and declarations1. At the time of accession, any State may make reservations in

respect of article IV of the present Protocol and in respect of theapplication in accordance with article I of the present Protocol of anyprovisions of the Convention other than those contained in articles 1,3, 4, 16(1) and 33 thereof, provided that in the case of a State Party tothe Convention reservations made under this article shall not extend torefugees in respect of whom the Convention applies.

2. Reservations made by States Parties to the Convention inaccordance with article 42 thereof shall, unless withdrawn, be applicablein relation to their obligations under the present Protocol.

3. Any State making a reservation in accordance with paragraph I ofthis article may at any time withdraw such reservation by acommunication to that effect addressed to the Secretary-General of theUnited Nations.

4. Declarations made under article 40, paragraphs I and 2, of theConvention by a State Party thereto which accedes to the presentProtocol shall be deemed to apply in respect of the present Protocol,unless upon accession a notification to the contrary is addressed by theState Party concerned to the Secretary-General of the United Nations.The provisions of article 40, paragraphs 2 and 3, and of article 44,paragraph 3, of the Convention shall be deemed to apply mutatismutandis to the present Protocol.

Article 8 Entry into force of Protocol [ . . . ]

Article 9 Denunciation [ . . . ]

Article 10 Notifications by the Secretary-General of the UnitedNations [ . . . ]

Article 11 Deposit in the archives of the Secretariat of the UnitedNations [ . . . ]

1 E.2 PROTOCOL RELATING TO THE STATUS OF REFUGEES

82

Having acknowledged with appreciation the commitments withregard to refugees included in the Contadora Act on Peace and Co-operation in Central America, the bases of which the Colloquium fullyshares and which are reproduced below:

a) “To carry out, if they have not yet done so, the constitutionalprocedures for accession to the 1951 Convention and the 1967 Protocolrelating to the Status of Refugees.”

b) “To adopt the terminology established in the Convention andProtocol referred to in the foregoing paragraph with a view todistinguishing refugees from other categories of migrants.” [ . . . ]

f) “To ensure that any repatriation of refugees is voluntary, and isdeclared to be so on an individual basis, and is carried out with the co-operation of UNHCR.”

g) “To ensure the establishment of tripartite commissions, composedof representatives of the State of origin, of the receiving State and ofUNHCR with a view to facilitating the repatriation of refugees.”

h) “To reinforce programmes for protection of and assistance torefugees, particularly in the areas of health, education, labour andsafety.”

i) “To ensure that programmes and projects are set up with a view toensuring the self-sufficiency of refugees.”

j) “To train the officials responsible in each State for protection ofand assistance to refugees, with the co-operation of UNHCR and otherinternational agencies.”

m) “To ensure that the Governments of the area make the necessaryefforts to eradicate the causes of the refugee problem.”

n) “To ensure that, once agreement has been reached on the basesfor voluntary and individual repatriation, with full guarantees for therefugees, the receiving countries permit official delegations of thecountry of origin, accompanied by representatives of UNHCR and thereceiving country, to visit the refugee camps.”

o) “To ensure that the receiving countries facilitate, in co-ordinationwith UNHCR, the departure procedure for refugees in instances ofvoluntary and individual repatriation.”

p) “To institute appropriate measures in the receiving countries toprevent the participation of refugees in activities directed against thecountry of origin, while at all times respecting the human rights of therefugees.”

The Colloquium adopted the following conclusions:1. To promote within the countries of the region the adoption of

national laws and regulations facilitating the application of theConvention and the Protocol and, if necessary, establishing internalprocedures and mechanisms for the protection of refugees. In addition,to ensure that the national laws and regulations adopted reflect theprinciples and criteria of the Convention and the Protocol, thus fosteringthe necessary process of systematic harmonization of national legislationon refugees.

2. To ensure that ratification of or accession to the 1951 Conventionand the 1967 Protocol by States which have not yet taken these steps isunaccompanied by reservations limiting the scope of those instruments,and to invite countries having formulated such reservations to considerwithdrawing them as soon as possible.

3. To reiterate that, in view of the experience gained from the massiveflows of refugees in the Central American area, it is necessary toconsider enlarging the concept of a refugee, bearing in mind, as far asappropriate and in the light of the situation prevailing in the region, theprecedent of the OAU Convention (article 1, paragraph 2) and thedoctrine employed in the reports of the Inter-American Commissionon Human Rights. Hence the definition or concept of a refugee to berecommended for use in the region is one which, in addition tocontaining the elements of the 1951 Convention and the 1967 Protocol,includes among refugees persons who have fled their country becausetheir lives, safety or freedom have been threatened by generalizedviolence, foreign aggression, internal conflicts, massive violation of

1 E.3 CARTAGENA DECLARATION ON REFUGEES

- adopted at a colloquium entitled “Coloquio Sobre la Proteccion Internacional de los Refugiados en American Central,Mexico y Panama: Problemas Juridicos y Humanitarios” held at Cartagena, Colombia from 19 -22 November 1984by Belize, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama and Venezuela

human rights or other circumstances which have seriously disturbedpublic order.

4. To confirm the peaceful, non-political and exclusivelyhumanitarian nature of grant of asylum or recognition of the status ofrefugee and to underline the importance of the internationally acceptedprinciple that nothing in either shall be interpreted as an unfriendly acttowards the country of origin of refugees.

5. To reiterate the importance and meaning of the principle of non-refoulement. (including the prohibition of rejection at the frontier) as acorner-stone of the international protection of refugees. This principleis imperative in regard to refugees and in the present state ofinternational law should be acknowledged and observed as a rule ofjus cogens.

6. To reiterate to countries of asylum that refugee camps andsettlements located in frontier areas should be set up inland at areasonable distance from the frontier with a view to improving theprotection afforded to refugees, safeguarding their human rights andimplementing projects aimed at their self-sufficiency and integrationinto the host society.

7. To express its concern at the problem raised by military attackson refugee camps and settlements which have occurred in differentparts of the world and to propose to the Governments of the CentralAmerican countries, Mexico and Panama that they lend their supportto the measures on this matter which have been proposed by the HighCommissioner to the UNHCR Executive Committee.

8. To ensure that the countries of the region establish a minimumstandard of treatment for refugees, on the basis of the provisions of the1951 Convention and 1967 Protocol and of the American Conventionon Human Rights, taking into consideration the conclusions of theUNHCR Executive Committee, particularly No. 22 on the Protectionof Asylum Seekers in Situations of Large-Scale Influx.

9. To express its concern at the situation of displaced persons withintheir own countries. In this connection, the Colloquium calls on nationalauthorities and the competent international organizations to offerprotection and assistance to those persons and to help relieve thehardship which many of them face.

10. To call on States parties to the 1969 American Convention onHuman Rights to apply this instrument in dealing with asilados andrefugees who are in their territories.

11. To make a study, in countries in the area which have a largenumber of refugees, of the possibilities of integrating them into theproductive life of the country by allocating to the creation or generationof employment the resources made available by the internationalcommunity through UNHCR, thus making it possible for refugees toenjoy their economic, social and cultural rights.

12. To reiterate the voluntary and individual character of repatriationof refugees and the need for it to be carried out under conditions ofabsolute safety, preferably to the place of residence of the refugee inhis country of origin.

13. To acknowledge that reunification of families constitutes afundamental principle in regard to refugees and one which should bethe basis for the regime of humanitarian treatment in the country ofasylum, as well as for facilities granted in cases of voluntary repatriation.[...]

The Cartagena Colloquium therefore Recommends:That the commitments with regard to refugees included in the ContadoraAct should constitute norms for the 10 States participating in theColloquium and be unfailingly and scrupulously observed indetermining the conduct to be adopted in regard to refugees in theCentral American area. That the conclusions reached by the Colloquiumshould receive adequate attention in the search for solutions to the graveproblems raised by the present massive flows of refugees in CentralAmerica, Mexico and Panama. [. . . ]

1 E.3 CARTAGENA DECLARATION ON REFUGEES

83

Whereas the signatories of the General Act of the Brussels Conferenceof 1889-90 declared that they were equally animated by the firmintention of putting an end to the traffic in African slaves,

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

[ . . ]Desiring to complete and extend the work accomplished under the

Brussels Act and to find a means of giving practical effect throughoutthe world to such intentions as were expressed in regard to slave tradeand slavery by the signatories of the Convention of Saint-Germain-en-Laye, and recognising that it is necessary to conclude to that end moredetailed arrangements than are contained in that Convention,

Considering, moreover, that it is necessary to prevent forced labourfrom developing into conditions analogous to slavery, have decided toconclude a Convention and have accordingly appointed as theirPlenipotentiaries [names omitted]... have agreed as follows:

Article 1 [definition of slavery]For the purpose of the present Convention, the following definitions

are agreed upon:1) Slavery is the status or condition of a person over whom any or

all of the powers attaching to the right of ownership are exercised.2) The slave trade includes all acts involved in the capture, acquisition

or disposal of a person with intent to reduce him to slavery; all actsinvolved in the acquisition of a slave with a view to selling orexchanging him; all acts of disposal by sale or exchange of a slaveacquired with a view to being sold or exchanged, and, in general, everyact of trade or transport in slaves.

Article 2 [State obligations]The High Contracting Parties undertake, each in respect of the

territories placed under its sovereignty, jurisdiction, protection,suzerainty or tutelage, so far as they have not already taken the necessarysteps:

a) To prevent and suppress the slave trade;b) To bring about, progressively and as soon as possible, the complete

abolition of slavery in all its forms.

Article 3 [suppression of the slave trade]The High Contracting Parties undertake to adopt all appropriate

measures with a view to preventing and suppressing the embarkation,disembarkation and transport of slaves in their territorial waters andupon all vessels flying their respective flags.

The High Contracting Parties undertake to negotiate as soon aspossible a general Convention with regard to the slave trade which willgive them rights and impose upon them duties of the same nature asthose provided for in the Convention of June 17th, 1925, relative to theInternational Trade in Arms (Articles 12, 20, 21, 22, 23, 24 andparagraphs 3, 4 and 5 of Section II of Annex II), with the necessaryadaptations, it being understood that this general Convention will notplace the ships (even of small tonnage) of any High Contracting Partiesin a position different from that of the other High Contracting Parties.

It is also understood that, before or after the coming into force ofthis general Convention, the High Contracting Parties are entirely freeto conclude between themselves, without, however, derogating fromthe principles laid down in the preceding paragraph, such specialagreements as, by reason of their peculiar situation, might appear to besuitable in order to bring about as soon as possible the completedisappearance of the slave trade.

1 E.4 SLAVERY CONVENTION

-adopted by plenipotentiaries to the League of Nations on 25 September 1926 at Geneva-entered into force on 9 March 1927, in accordance with article 12-ratifications, etc.: 79 as per 15 July 2004-a Protocol, adopted by the UN General Assembly in Resolution 794 (VIII) on 23 October 1953, did not substantially amend the content of the convention. The Protocol is therefore not included here

Article 4 [international cooperation]The High Contracting Parties shall give to one another every

assistance with the object of securing the abolition of slavery and theslave trade.

Article 5 [compulsory or forced labour]The High Contracting Parties recognise that recourse to compulsory

or forced labour may have grave consequences and undertake, each inrespect of the territories placed under its sovereignty, jurisdiction,protection, suzerainty or tutelage, to take all necessary measures toprevent compulsory or forced labour from developing into conditionsanalogous to slavery.It is agreed that:

1) Subject to the transitional provisions laid down in § 2) below,compulsory or forced labour may only be exacted for public purposes.

2) In territories in which compulsory or forced labour for other thanpublic purposes still survives, the High Contracting Parties shallendeavour progressively and as soon as possible to put an end to thepractice. So long as such forced or compulsory labour exists, this labourshall invariably be of an exceptional character, shall always receiveadequate remuneration, and shall not involve the removal of thelabourers from their usual place of residence.

3) In all cases, the responsibility for any recourse to compulsory orforced labour shall rest with the competent central authorities of theterritory concerned.

Article 6 [state obligation to adapt legislation]Those of the High Contracting Parties whose laws do not at present

make adequate provision for the punishment of infractions of laws andregulations enacted with a view to giving effect to the purposes of thepresent Convention undertake to adopt the necessary measures in orderthat severe penalties may be imposed in respect of such infractions.

Article 7 [state reporting]The High Contracting Parties undertake to communicate to each other

and to the Secretary-General of the League of Nations any laws andregulations which they may enact with a view to the application of theprovisions of the present Convention.

Article 8 [settlement of disputes]The High Contracting Parties agree that disputes arising between

them relating to the interpretation or application of this Conventionshall, if they cannot be settled by direct negotiation, be referred fordecision to the Permanent Court of International Justice. In case eitheror both of the States Parties to such a dispute should not be Parties tothe Protocol of December 16th, 1920, relating to the Permanent Courtof International Justice, the dispute shall be referred, at the choice ofthe Parties and in accordance with the constitutional procedure of eachState, either to the Permanent Court of International Justice or to acourt of arbitration constituted in accordance with the Convention ofOctober 18th, 1907, for the Pacific Settlement of International Disputes,or to some other court of arbitration.

Article 9 [territorial application]At the time of signature or of ratification or of accession, any High

Contracting Party may declare that its acceptance of the presentConvention does not bind some or all of the territories placed under itssovereignty, jurisdiction, protection, suzerainty or tutelage in respectof all or any provisions of the Convention; it may subsequently accedeseparately on behalf of any one of them or in respect of any provisionto which any one of them is not a Party.

Article 10- 12 [final provisions][ . . . ]

1 E.4 SLAVERY CONVENTION

84

The General Assembly,Reaffirming that one of the basic aims of the United Nations, as

proclaimed in its Charter, is to promote and encourage respect for humanrights and for fundamental freedoms for all, without distinction as torace, sex, language or religions,

Reaffirming faith in fundamental human rights, in the dignity andworth of the human person, in the equal rights of men and women andof nations large and small,

Desiring to promote the realization of the principles contained inthe Charter of the United Nations, the Universal Declaration ofDeclaration of Human Rights, the Convention on the Prevention andPunishment of the Crime of Genocide, the Discrimination, theInternational Covenant on Civil and Political Rights, the InternationalCovenant on Economic, Social and cultural Rights, the Declaration onthe Elimination of All Forms of Intolerance and of Discrimination Basedon Religion or Belief, and the Convention on the Rights of the Child,as well as other relevant international instruments that have been adoptedat the universal or regional level and those concluded between individualStates Members of the United Nations,

Inspired by the provisions of article 27 of the International Covenanton Civil and Political Rights concerning the rights of persons belongingto ethnic, religious and linguistic minorities contribute to the politicaland social stability of States in which they live,

Emphasizing that the constant promotion and realization of the rightsof persons belonging to national or ethnic, religious and linguisticminorities as an integral part of the development of society as a wholeand within a democratic framework bases on the rule of law, wouldcontribute to the strengthening of friendship and cooperation amongpeoples and States,

[ . . . ]Proclaims this Declaration on the Rights of persons Belonging to

National Ethnic, Religious and Linguistic Minorities:

Article 1 [State obligations]1. States shall protect the existence and the national or ethnic, cultural,

religious and linguistic identity of minorities within their respectiveterritories, and shall encourage conditions for the promotion of thatidentity.

2. States shall adopt appropriate legislative and other measures toachieve those ends.

Article 2 [rights of persons belonging to minorities]1. Persons belonging to national or ethnic, religious and linguistic

minorities (hereinafter referred to as persons belonging to minorities)have the right to enjoy their own culture, to profess and practise theirown religion, and to use their own language, in private and in public,freely and without interference or an form of discrimination.

2. Persons belonging to minorities have the right to participateeffectively in cultural, religious, social, economic and public life.

3. Persons belonging to minorities have the right to participateeffectively decisions on the national and, where appropriate, regionallevel concerning the minority to which they belong or the live, in amanner not incompatible with national legislation.

4. Persons belonging to minorities have the right to establish andmaintain, without any discrimination, free and peaceful contacts withother member of their group and with persons belonging to otherminorities, as well as contacts across frontiers with citizens of otherStates to whom they are related by national or ethnic, religious orlinguistic ties.

Article 3 [prohibition of discrimination]1. Persons belonging to minorities may exercise their rights, including

those set forth in this Declaration, individually as well as in communitywith other members of their group, without any discrimination.

2. No disadvantage shall result for any person belonging to a minorityas the consequence of the exercise or non-exercise of the right set forthin this Declaration.

Article 4 [state obligations]1. States shall take measures where required to ensure that persons

belonging to minorities may exercise fully and effectively all theirhuman rights and fundamental freedoms without any discriminationand in full equality before the law.

2. States shall take measures to create favourable conditions to enablepersons belonging to minorities to express their characteristics and todevelop their culture, language, religion, traditions and customs, exceptwhere specific practices are in violation of national law contrary tointernational standards.

3. States should take appropriate measures so that, wherever possible,persons belonging to minorities have adequate opportunities to learntheir mother tongue.

4. States should, where appropriate, take measures in the field ofeducation, in order to encourage knowledge of the history, traditions,language and culture of the minorities existing within their territory.Persons belonging to minorities should have adequate opportunities togain knowledge of the society as a whole.

5. States should consider appropriate measures so that personsbelonging to minorities may participate fully in the economic progressand development in their country.

Article 5 [national policies and programmes]1. National policies and programmes shall be planned and

implemented with due regard for the legitimate interests of personsbelonging to minorities.

2. Programmes of co-operation and assistance among States shouldbe planned and implemented with due regard for the legitimate interestsof persons belonging to minorities.

Article 6 [international cooperation on questions]States should cooperate on questions relating to persons belonging

to minorities, including exchange of information and experiences, inorder to promote mutual understanding and confidence.

Article 7 [international cooperation to promote respect]States should cooperate in order to promote respect for the rights set

forth in this Declaration.

Article 8 [prevalence of best standards]1. Nothing in this Declaration shall prevent the fulfilment of

international obligations of States in relation to persons belonging tominorities. On particular, States shall fulfil in good faith the obligationsand commitments they have assumed under international treaties andagreements to which they are parties.

2. The exercise of the rights set forth in this Declaration shall notprejudice the enjoyment by all persons of universally recognized humanrights and fundamental freedoms.

3. Measures taken by States to ensure the effective enjoyment of therights set forth in this Declaration shall not prima facie be consideredcontrary to the principle of equality contained in the UniversalDeclaration of Human Rights.

4. Nothing in this Declaration may be construed as permitting anyactivity contrary to the purposes and principles of the United Nations,including sovereign equality, territorial integrity and politicalindependence of States.

Article 9 [role of specialized agencies]The specialized agencies and other organizations of the United

Nations system shall contribute to the full realization of the rights andprinciples set forth in this Declaration, within their respective fields ofcompetence.

1 E.5 DECLARATION ON THE RIGHTS OF PERSONS BELONGING TO NATIONAL OR ETHNIC,RELIGIOUS OR LINGUISTIC MINORITIES

-adopted by the UN General Assembly in resolution 47/135 of 18 December 1992 in New York

1 E.5 DECLARATION ON THE RIGHTS OF PERSONS BELONGING TO NATIONAL OR ETHNIC,RELIGIOUS OR LINGUISTIC MINORITIES

85


International Labour Office, and having met in its 76th Session on 7June 1989, and

Noting the international standards contained in the Indigenous andTribal Populations Convention and Recommendation, 1957, and

Recalling the terms of the Universal Declaration of Human Rights,the International Covenant on Economic, Social and Cultural Rights,the International Covenant on Civil and Political Rights, and the manyinternational instruments on the prevention of discrimination, and

[ . . . ]adopts this twenty-seventh day of June of the year one thousand

nine hundred and eighty-nine the following Convention, which may becited as the Indigenous and Tribal Peoples Convention, 1989:

PART I GENERAL POLICYArticle 1 [application]

1. This Convention applies to:a) tribal peoples in independent countries whose social, cultural andeconomic conditions distinguish them from other sections of the nationalcommunity, and whose status is regulated wholly or partially by theirown customs or traditions or by special laws or regulations;b) peoples in independent countries who are regarded as indigenous onaccount of their descent from the populations which inhabited thecountry, or a geographical region to which the country belongs, at thetime of conquest or colonisation or the establishment of present stateboundaries and who, irrespective of their legal status, retain some orall of their own social, economic, cultural and political institutions.

2. Self-identification as indigenous or tribal shall be regarded as afundamental criterion for determining the groups to which the provisionsof this Convention apply.

3. The use of the term “peoples” in this Convention shall not beconstrued as having any implications as regards the rights which mayattach to the term under international law.

Article 2 [state obligations]1. Governments shall have the responsibility for developing, with

the participation of the peoples concerned, co-ordinated and systematicaction to protect the rights of these peoples and to guarantee respectfor their integrity.

2. Such action shall include measures for:a) ensuring that members of these peoples benefit on an equal footingfrom the rights and opportunities which national laws and regulationsgrant to other members of the population;b) promoting the full realisation of the social, economic and culturalrights of these peoples with respect for their social and cultural identity,their customs and traditions and their institutions;c) assisting the members of the peoples concerned to eliminate socio-economic gaps that may exist between indigenous and other membersof the national community, in a manner compatible with their aspirationsand ways of life.

Article 3 [prohibition of discrimination]1. Indigenous and tribal peoples shall enjoy the full measure of hu-

man rights and fundamental freedoms without hindrance or discrimi-nation. The provisions of the Convention shall be applied without dis-crimination to male and female members of these peoples.

2. No form of force or coercion shall be used in violation of thehuman rights and fundamental freedoms of the peoples concerned,including the rights contained in this Convention.

Article 4 [special measures]1. Special measures shall be adopted as appropriate for safeguarding

the persons, institutions, property, labour. cultures and environment ofthe peoples concerned.

2. Such special measures shall not be contrary to the freely-expressedwishes of the peoples concerned.

3. Enjoyment of the general rights of citizenship, withoutdiscrimination, shall not be prejudiced in any way by such specialmeasures.

Article 5 [protection of values, practices, institutions]In applying the provisions of this Convention:a) the social, cultural, religious and spiritual values and practices of

these peoples shall be recognised and protected, and due account shallbe taken of the nature of the problems which face them both as groupsand as individuals;

b) the integrity of the values, practices and institutions of thesepeoples shall be respected;

c) policies aimed at mitigating the difficulties experienced by thesepeoples in facing new conditions of life and work shall be adopted,with the participation and cooperation of the peoples affected.

Article 6 [consultation and participation]1. In applying the provisions of this Convention, governments shall:

a) consult the peoples concerned, through appropriate procedures andin particular through their representative institutions, wheneverconsideration is being given to legislative or administrative measureswhich may affect them directly;b) establish means by which these peoples can freely participate, to atleast the same extent as other sectors of the population, at all levels ofdecision-making in elective institutions and administrative and otherbodies responsible for policies and programmes which concern them;c) establish means for the full development of these peoples’ owninstitutions and initiatives, and in appropriate cases provide the resourcesnecessary for this purpose.

2. The consultations carried out in application of this Conventionshall be undertaken, in good faith and in a form appropriate to thecircumstances, with the objective of achieving agreement or consent tothe proposed measures.

Article 7 [right to development and environment]1. The peoples concerned shall have the right to decide their own

priorities for the process of development as it affects their lives, beliefs,institutions and spiritual well-being and the lands they occupy orotherwise use, and to exercise control, to the extent possible, over theirown economic, social and cultural development. In addition, they shallparticipate in the formulation, implementation and evaluation of plansand programmes for national and regional development which mayaffect them directly.

2. The improvement of the conditions of life and work and levels ofhealth and education of the peoples concerned, with their participationand cooperation, shall be a matter of priority in plans for the overalleconomic development of areas they inhabit. Special projects fordevelopment of the areas in question shall also be so designed as topromote such improvement.

3. Governments shall ensure that, whenever appropriate, studies arecarried out, in cooperation with the peoples concerned, to assess thesocial, spiritual, cultural and environmental impact on them of planneddevelopment activities. The results of these studies shall be consideredas fundamental criteria for the implementation of these activities.

4. Governments shall take measures, in cooperation with the peoplesconcerned, to protect and preserve the environment of the territoriesthey inhabit.

1 E.6 ILO CONVENTION (NO. 169) CONCERNING INDIGENOUS AND TRIBAL PEOPLES ININDEPENDENT COUNTRIES

-adopted by the General Conference of the ILO at its seventy-sixth session (Geneva, 27 June 1989)-entered into force on 5 September 1991-ratifications: 17 as per 15 July 2004-excerpts of 44 articles

1 E.6 ILO CONVENTION (NO. 169) CONCERNING INDIGENOUS AND TRIBAL PEOPLES IN INDEPENDENT COUNTRIES

86

Article 8 [respect for customs and institutions]1. In applying national laws and regulations to the peoples concerned,

due regard shall be had to their customs or customary laws.2. These peoples shall have the right to retain their own customs and

institutions, where these are not incompatible with fundamental rightsdefined by the national legal system and with internationally recognisedhuman rights. Procedures shall be established, whenever necessary. toresolve conflicts which may arise in the application of this principle.

3. The application of paragraphs 1 and 2 of this Article shall notprevent members of these peoples from exercising the rights granted toall citizens and from assuming the corresponding duties.

Article 9 [custom based criminal procedures]1. To the extent compatible with the national legal system and

internationally recognised human rights, the methods customarilypractised by the peoples concerned for dealing with offences committedby their members shall be respected.

2. The customs of these peoples in regard to penal matters shall betaken into consideration by the authorities and courts dealing with suchcases.

Article 10 [penal provisions]1. In imposing penalties laid down by general law on members of

these peoples account shall be taken of their economic, social andcultural characteristics.

2. Preference shall be given to methods of punishment other thanconfinement in prison.

Article 11 [compulsory personal services]The exaction from members of the peoples concerned of compulsory

personal services in any form, whether paid or unpaid, shall beprohibited and punishable by law, except in cases prescribed by lawfor all citizens.

Article 12 [right to effective remedy]The peoples concerned shall be safeguarded against the abuse of

their rights and shall be able to take legal proceedings, either individuallyor through their representative bodies, for the effective protection ofthese rights. Measures shall be taken to ensure that members of thesepeoples can understand and be understood in legal proceedings, wherenecessary through the provision of interpretation or by other effectivemeans.

PART II LANDArticle 13 [relationship with land]

1. In applying the provisions of this Part of the Conventiongovernments shall respect the special importance for the cultures andspiritual values of the peoples concerned of their relationship with thelands or territories, or both as applicable, which they occupy orotherwise use, and in particular the collective aspects of this relationship.

2. The use of the term “lands” in Articles 15 and 16 shall include theconcept of territories, which covers the total environment of the areaswhich the peoples concerned occupy or otherwise use.

Article 14 [recognition of ownership]1. The rights of ownership and possession of the peoples concerned

over the lands which they traditionally occupy shall be recognised. Inaddition, measures shall be taken in appropriate cases to safeguard theright of the peoples concerned to use lands not exclusively occupiedby them, but to which they have traditionally had access for theirsubsistence and traditional activities. Particular attention shall be paidto the situation of nomadic peoples and shifting cultivators in thisrespect.

2. Governments shall take steps as necessary to identify the landswhich the peoples concerned traditionally occupy, and to guaranteeeffective protection of their rights of ownership and possession.

3. Adequate procedures shall be established within the national legalsystem to resolve land claims by the peoples concerned.

Article 15 [right to natural resources]1. The rights of the peoples concerned to the natural resources

pertaining to their lands shall be specially safeguarded. These rightsinclude the right of these peoples to participate in the use, managementand conservation of these resources.

2. In cases in which the State retains the ownership of mineral orsub-surface resources or rights to other resources pertaining to lands,governments shall establish or maintain procedures through which theyshall consult these peoples, with a view to ascertaining whether and towhat degree their interests would be prejudiced, before undertaking orpermitting any programmes for the exploration or exploitation of suchresources pertaining to their lands. The peoples concerned shallwherever possible participate in the benefits of such activities, and shallreceive fair compensation for any damages which they may sustain asa result of such activities.

Article 16 [prohibition of relocation]1. Subject to the following paragraphs of this Article, the peoples

concerned shall not be removed from the lands which they occupy.2. Where the relocation of these peoples is considered necessary as

an exceptional measure, such relocation shall take place only with theirfree and informed consent. Where their consent cannot be obtained,such relocation shall take place only following appropriate proceduresestablished by national laws and regulations, including public inquirieswhere appropriate, which provide the opportunity for effectiverepresentation of the peoples concerned.

3. Whenever possible, these peoples shall have the right to return totheir traditional lands, as soon as the grounds for relocation cease toexist.

4. When such return is not possible, as determined by agreement or,in the absence of such agreement, through appropriate procedures, thesepeoples shall be provided in all possible cases with lands of qualityand legal status at least equal to that of the lands previously occupiedby them, suitable to provide for their present needs and futuredevelopment. Where the peoples concerned express a preference forcompensation in money or in kind, they shall be so compensated underappropriate guarantees.

5. Persons thus relocated shall be fully compensated for any resultingloss or injury.

Article 17 [transmission of land rights]1. Procedures established by the peoples concerned for the

transmission of land rights among members of these peoples shall berespected.

2. The peoples concerned shall be consulted whenever considerationis being given to their capacity to alienate their lands or otherwisetransmit their rights outside their own community.

3. Persons not belonging to these peoples shall be prevented fromtaking advantage of their customs or of lack of understanding of thelaws on the part of their members to secure the ownership, possessionor use of land belonging to them.

Article 18 [non-interference with land rights]Adequate penalties shall be established by law for unauthorised

intrusion upon, or use of the lands, of the peoples concerned, andgovernments shall take measures to prevent such offences.

Article 19 [agrarian programmes]National agrarian programmes shall secure to the peoples concerned

treatment equivalent to that accorded to other sectors of the populationwith regard to:

a) the provision of more land for these peoples when they have notthe area necessary for providing the essentials of a normal existence,or for any possible increase in their numbers;

b) the provision of the means required to promote the developmentof the lands which these peoples already possess.

PART VI EDUCATION AND MEANS OF COMMUNICATIONArticle 26 [right to education]

Measures shall be taken to ensure that members of the peoplesconcerned have the opportunity to acquire education at all levels on atleast an equal foot with the rest of the national community.

PART VII CONTACTS AND CO-OPERATION ACROSSBORDERSArticle 32 [cooperation across borders]

[ . . ]

1 E.6 CONVENTION (NO. 169) CONCERNING INDIGENOUS AND TRIBAL PEOPLES IN INDEPENDENT COUNTRIES

87

The General Assembly,Mindful of the pledge made by the Member States, under the Charter

of the United Nations to take joint and separate action in co-operationwith the Organization to promote higher standards of living, fullemployment and conditions of economic and social progress anddevelopment,

Reaffirming its faith in human rights and fundamental freedoms andin the principles of peace, of the dignity and worth of the human personand of social justice proclaimed in the Charter,

Recalling the principles of the Universal Declaration of HumanRights, the International Covenants on Human Rights, the Declarationof the Rights of the Child and the Declaration on the Rights of MentallyRetarded Persons, as well as the standards already set for social progressin the constitutions, conventions, recommendations and resolutions ofthe International Labour Organization, the United Nations Educational,Scientific and Cultural Organization, the World Health Organization,the United Nations Children’s Fund and other organizations concerned,

Recalling also Economic and Social Council resolution 1921 (LVIII)of 6 May 1975 on the prevention of disability and the rehabilitation ofdisabled persons,

Emphasizing that the Declaration on Social Progress andDevelopment has proclaimed the necessity of protecting the rights andassuring the welfare and rehabilitation of the physically and mentallydisadvantaged,

Bearing in mind the necessity of preventing physical and mentaldisabilities and assisting disabled persons to develop their abilities inthe most varied fields of activities and of promoting their integrationas far as possible in normal life,

Aware that certain countries, at their present stage of development,can devote only limited efforts to this end,

Proclaims this Declaration on the Rights of Disabled Persons andcalls for national and international action to ensure that it will be usedas a common basis and frame of reference for the protection of theserights:

1. [definition of disabled person]The term “disabled person” means any person unable to ensure by

himself or herself, wholly or partly, the necessities of a normal individualand/or social life, as a result of deficiency, either congenital or not, inhis or her physical or mental capabilities.

2. [prohibition of discrimination]Disabled persons shall enjoy all the rights set forth in this Declaration.

These rights shall be granted to all disabled persons without anyexception whatsoever and without distinction or discrimination on thebasis of race, colour, sex, language, religion, political or other opinions,national or social origin, state of wealth, birth or any other situationapplying either to the disabled person himself or herself or to his or herfamily.

3. [right to human dignity]Disabled persons have the inherent right to respect for their human

dignity. Disabled persons, whatever the origin, nature and seriousnessof their handicaps and disabilities, have the same fundamental rightsas their fellow-citizens of the same age, which implies first and foremostthe right to enjoy a decent life, as normal and full as possible.

4. [civil and political rights]Disabled persons have the same civil and political rights as other

human beings; paragraph 7 of the Declaration on the Rights of MentallyRetarded Persons applies to any possible limitation or suppression ofthose rights for mentally disabled persons.

5. [self-reliance]Disabled persons are entitled to the measures designed to enable

them to become as self-reliant as possible.

6. [right to services]Disabled persons have the right to medical, psychological and

functional treatment, including prosthetic and orthetic appliances, tomedical and social rehabilitation, education, vocational training andrehabilitation, aid, counselling, placement services and other serviceswhich will enable them to develop their capabilities and skill to themaximum and will hasten the processes of their social integration orreintegration.

7. [right to economic and social security]Disabled persons have the right to economic and social security and

to a decent level of living. They have the right, according to theircapabilities, to secure and retain employment or to engage in a useful,productive and remunerative occupation and to join trade unions.

8. [special needs to be taken into consideration]Disabled persons are entitled to have their special needs taken into

consideration at all stages of economic and social planning.

9. [right to participation]Disabled persons have the right to live with their families or with

foster parents and to participate in all social, creative or recreationalactivities. No disabled persons shall be subjected, as far as his or herresidence is concerned, to differential treatment other than that requiredby his or her condition or by the improvement which he or she mayderive therefrom. If condition or by improvement which he or she mayderive therefrom. If the stay of a disabled person in a specializedestablishment is indispensable, the environment and living conditionstherein shall be as close as possible to those of the normal life of aperson of his or her age.

10. [prohibition of exploitation or degrading treatment]Disabled person shall be protected against all exploitation, all

regulations and all treatment of a discriminatory, abusive or degradingnature.

11. [legal aid]Disabled persons shall be able to avail themselves of qualified legal

aid when such aid proves indispensable for the protection of theirpersons and property. If judicial proceedings are instituted against them,the legal procedure applied shall take their physical and mental conditionfully into account.

12. [consultation]Organizations of disabled persons may be usefully consulted in all

matters regarding the rights of disabled persons.

13. [information on this declaration]Disabled persons, their families and communities shall be fully

informed, by all appropriate means, of the rights contained in thisDeclaration.

1 E.7 DECLARATION ON THE RIGHTS OF DISABLED PERSONS

-proclaimed by UN General Assembly resolution 3447 (XXX) of 9 December 1975 in New York

1 E.7 DECLARATION ON THE RIGHTS OF DISABLED PERSONS

88

The Economic and Social Council,Noting Resolutions 8 (XXIII) an 9 (XXIIII) of the Commission on

Human Rights,

1. Welcomes the decision of the Commission on Human Rights togive annual consideration to the item entitled “Question of the violationof human rights and fundamental freedoms, including policies of racialdiscrimination and segregation and of apartheid, in all countries, withparticular reference to colonial and other dependent countries andterritories”, without prejudice to the functions and powers of organsalready in existence or which may be established within the frameworkof measures of implementation included in international covenants andconventions on the protection of human rights and fundamentalfreedoms; and concurs with the requests for assistance addressed tothe Sub-Commission on Prevention of Discrimination and Protectionof Minorities and to the Secretary General;

2. Authorizes the Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection ofMinorities, in conformity with the provisions of paragraph 1 of theCommission’s Resolution 8 (XXIII), to examine information relevantto gross violations of human rights and fundamental freedoms, asexemplified by the policy of apartheid as practised in the Republic ofSouth Africa and in the Territory of South West Africa under the directresponsibility of the United Nations and now illegally occupied by theGovernment of the Republic of South Africa, and to racial discriminationas practised notably in Southern Rhodesia, contained in thecommunications listed by the Secretary General pursuant to Economicand Social Council Resolution 728 F (XXVIII) of 30 July 1959;

1 F.1 QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMSINCLUDING POLICIES OF RACIAL DISCRIMINATION AND SEGREGATION AND OFAPARTHEID, IN ALL COUNTRIES, WITH PARTICULAR REFERENCE TO COLONIAL ANDOTHER DEPENDENT COUNTRIES AND TERRITORIES

-Resolution 1235 (XLII), adopted by the Economic and Social Council on 6 June 1967

3. Decides that the Commission on Human Rights may, in appropriatecases, and after careful consideration of the information thus madeavailable to it, in conformity with the provisions of paragraph 1 abovemake a thorough study of situations which reveal a consistent patternof violations of human rights, as exemplified by the policy of apartheidas practised in the Republic of South Africa and in the Territory ofSouth West Africa under the direct responsibility of the United Nationsand now illegally occupied by the Government of the Republic of SouthAfrica, and racial discrimination as practised notably in SouthernRhodesia, and report, with recommendations thereon, to the Economicand Social Council;

4. Decides to review the provisions of paragraphs 2 and 3 of thepresent resolution after the entry into force of the InternationalCovenants on Human Rights;

5. Takes note of the fact that the Commission on Human Rights, inits Resolution 6 (XXIII), has instructed an ad hoc study group to studyin all its aspects the question of the ways and means by which theCommission might be enabled or assisted to discharge functions inrelation to violations of human rights and fundamental freedoms, whilstmaintaining and fulfilling its other functions;

6. Requests the Commission on Human Rights to report to it on theresult of this study after having given consideration to the conclusionsof the ad hoc study group referred to in paragraph 5 above.

1 F.1 QUESTION OF THE VIOLATION OF HUMAN RIGHTS

89

The Economic and Social Council,Noting Resolutions 7 (XXVI) and 17 (XXV) of the Commission on

Human Rights and Resolution 2 (XXI) of the Sub-Commission onPrevention of Discrimination and Protection of Minorities,

1. Authorizes the Sub-Commission on Prevention of Discriminationan Protection of Minorities to appoint a working group consisting ofnot more than five of its members, with due regard to geographicaldistribution, to meet once a year in private meetings for a period noexceeding ten days immediately before the sessions of the Sub-Commission to consider all communications, including replies oGovernments thereon, received by the Secretary General under CouncilResolution 728 F (XXVIII) of 30 July 1959 with a view to bringing tothe attention of the Sub-Commission those communications, togetherwith replies of Governments, if any, which appear to reveal a consistentpattern of gross and reliably attested violations of human rights andfundamental freedoms within the terms of reference of the Sub-Commission;

2. Decides that the Sub-Commission on Prevention of Discriminationand Protection of Minorities should, as the first stage in theimplementation of the present resolution, devise at its twenty-thirdsession appropriate procedures for dealing with the question ofadmissibility of communications received by the Secretary Generalunder Council Resolution 728 F (XXVIII) and in accordance withCouncil Resolution 1235 (XLII) of 6 June 1967;

3. Requests the Secretary General to prepare a document on thequestion of admissibility of communications for the Sub-Commission’sconsideration at its twenty-third session;

4. Further requests the Secretary General:a) to furnish to the members of the Sub-Commission every month a

list of communications prepared by him in accordance with CouncilResolution 728 F (XXVIII) and a brief description of them, togetherwith the text of any received from Governments;

b) to make available to the members of the working group at theirmeeting the originals of such communications listed as they may request,having due regard to the provisions of paragraph 2.b. of CouncilResolution 728F (XXVIII) concerning the divulging of the identity ofthe authors of communications;

c) to circulate to the members of the Sub-Commission, in the workinglanguages, the originals of such communication as are referred to theSub-Commission by the working group;

5. Requests the Sub-Commission on Prevention of Discriminationan Protection of Minorities to consider in private meetings, inaccordance with paragraph 1 above, the communications brought beforeit in accordance with the decision of a majority of the members of theworking group and any replies of Governments relating thereto andother relevant information, with a view to determining whether to referto the Commission on Human Rights particular situations which appearto reveal a consistent pattern of gross and reliably attested violationsof human rights requiring consideration by the Commission;

6. Requests the Commission on Human Rights after it has examinedany situation referred to it by the Sub-Commission to determine;

a) whether it requires a thorough study by the Commission and areport and recommendations thereon to the Council in accordance withparagraph 3 of Council Resolution 1235 (XLII);

b) whether it may be a subject of an investigation by an ad hoccommittee to be appointed by the Commission which shall beundertaken only with the express consent of the State concerned andshall be conducted in constant co-operation with that State and underconditions determined by agreement with it. In any event, theinvestigation may be undertaken only if:i) all available means at the national level have been resorted to and

exhausted;ii) the situation does not relate to a matter which is being dealt with

under other procedures prescribed in the constituent instrumentsof, or conventions adopted by, the United Nations and the specializeagencies, or in regional conventions, or which the State concernedwishes to submit to other procedures in accordance with general orspecial international agreements to which it is a party;

7. Decides that if the Commission on Human Rights appoints an adhoc committee to carry ion an investigation with the consent of theState concerned:

a) the composition of the committee shall be determined by theCommission. The members of the committee shall be independentpersons whose competence and impartiality is beyond question. Theirappointment shall be subject to the consent of the Governmentconcerned;

b) the committee shall establish its own rules of procedure. It shallbe subject to the quorum rule. It shall have authority to receivecommunications and hear witnesses, as necessary. The investigationsshall be conducted in co-operation with the Government concerned;

c) the committee’s procedure shall be confidential, its proceedingsshall be conducted in private meetings and its communications shallnot be publicized in any way;

d) the committee shall strive for friendly solutions before, duringand even after the investigation;

e) the committee shall report to the Commission on Human Rightswith such observations and suggestions as it may deem appropriate;

8. Decides that all actions envisaged in the implementation of thepresent resolution by the Sub-Commission on Prevention ofDiscrimination and Protection of Minorities or the Commission onHuman Rights shall main confidential until such time as the Commissionmay decide to make recommendations to the Economic and SocialCouncil;

9. Decides to authorize the Secretary General to provide all facilitieswhich may be required to carry out the present resolution, making useof the existing staff of the Division of Human Rights of the UnitedNations Secretariat;

10. Decides that the procedure set out in the present resolution fordealing with communications relating to violations of human rightsand fundamental freedoms should be reviewed if any new organ entitledto deal with such communications should be established within theUnited Nations or by international agreement.

1 F.2 PROCEDURE FOR DEALING WITH COMMUNICATIONS RELATING TO VIOLATIONS OFHUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

-Resolution 1503 (XLVIII), adopted by the Economic and Social Council on 27 May 1970

1 F.2 PROCEDURE FOR DEALING WITH COMMUNICATIONS RELATING TO VIOLATIONSOF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

90

The Economic and Social Council,Recalling its resolution 728 F (XXVIII) of 30 July 1959 concerning

the handling of communications concerning human rights and itsdecision 79 (LVIII) of 6 May 1975 relating thereto,

Recalling also its resolution 1235 (XLII) of 6 June 1967 authorizingthe Commission on Human Rights to examine information relevant togross violations of human rights and fundamental freedoms, itsresolution 1503 (XLVIII) of 27 May 1970 establishing a procedure fordealing with communications relating to violations of human rightsand fundamental freedoms and its resolution 1990/41 of 25 May 1990concerning the establishment, composition and designation of themembers of the Working Group on Situations,

Recalling further resolution 1 (XXIV) of the Subcommission onPrevention of Discrimination and Protection of Minorities (now theSubcommission for the Promotion and Protection of Human Rights) of13 August 1971 concerning criteria for the admissibility of communi-cations, (1) as well as Subcommission resolution 2 (XXIV) of 16 Au-gust 1971 concerning the establishment, composition and designationof the members of the Working Group on Communications, (2)

Recalling Commission on Human Rights decisions 3 (XXX) of 6March 1974, (3) 5 (XXXIV) of 3 March 1978 (4) and 9 (XXXVI) of 7March 1980, (5) all aimed at facilitating government participation andcooperation under the procedure, and decision 3 (XXXIV) of 3 March1978 (6) inviting the Chairman-Rapporteur of the Working Group onCommunications to be present during the deliberations of theCommission on that item,

Noting decision 2000/109 of 26 April 2000 of the Commission onHuman Rights, (7) inter alia, approving the recommendations of itsinter-sessional open-ended Working Group on Enhancing theEffectiveness of the Mechanisms of the Commission on Human Rightsconcerning the review of the procedure governed by Economic andSocial Council resolution 1503 (XLVIII) and related resolutions anddecisions, (8)

1. Endorses Commission decision 2000/109 of 26 April 2000,12insofar as it concerns the review of the procedure governed by Economicand Social Council resolution 1503 (XLVIII) and related resolutionsand decisions;

2. Decides, accordingly, that the Working Group on Communicationsdesignated in conformity with paragraph 37 of the report of the inter-sessional open-ended Working Group on Enhancing the Effectivenessof the Mechanisms of the Commission on Human Rights (9) shallhenceforth meet annually for two weeks, immediately following theannual session of the Subcommission on the Promotion and Protectionof Human Rights, to examine the communications received underCouncil resolution 728 F (XXVIII) that have been transmitted to theGovernments concerned not later than 12 weeks prior to the meetingof the Working Group, and any government replies relating thereto, inconformity with the criteria for the admissibility of communicationscontained in resolution 1 (XXIV) of the Subcommission,6 with a viewto bringing to the attention of the Working Group on Situations anyparticular situations which appear to reveal a consistent pattern of grossand reliably attested violations of human rights and fundamentalfreedoms;

3. Requests the Secretary-General, with the approval of theChairman-Rapporteur of the Working Group on Communications, toscreen out manifestly ill-founded communications in the preparationof the monthly confidential summaries of communications (confidentiallists of communications) communicated to the members of the WorkingGroup, it being understood that communications screened out wouldnot be transmitted to the Governments concerned for reply;

4. Calls upon the Secretary-General to inform the countriesconcerned, immediately after the conclusion of the meeting of theWorking Group on Communications, of the actions taken in regard tothem;

5. Entrusts to the Working Group on Situations designated inconformity with paragraph 40 of the report of the inter-sessional open-ended Working Group on Enhancing the Effectiveness of theMechanisms of the Commission on Human Rights,14 which shall meetannually for one week not less than one month prior to the annual sessionof the Commission, the role of examining the confidential report andrecommendations of the Working Group on Communications anddetermining whether or not to refer a particular situation thus broughtbefore it to the Commission on Human Rights, as well as of examiningthe particular situations kept under review by the Commission underthe procedure, and, accordingly, to place before the Commission aconfidential report identifying the main issues of concern, normallytogether with a draft resolution or draft decision recommending theaction to be taken by the Commission in respect of the situations referredto it;

6. Requests the Secretary-General to make the confidential filesavailable, at least one week in advance of the first closed meeting, toall members of the Commission on Human Rights;

7. Authorizes the Commission on Human Rights, as it deemsappropriate, to consider the particular situations placed before it by theWorking Group on Situations, as well as the situations kept under review,in two separate closed meetings, employing the following modalities:

a) At the first closed meeting, each country concerned would beinvited to make opening presentations; a discussion would then followbetween members of the Commission and the Government concerned,based on the contents of confidential files and the report of the WorkingGroup on Situations;

b) In the interim between the first and second closed meetings, anymember or members of the Commission could submit an alternative oran amendment to any texts forwarded by the Working Group onSituations; any such draft texts would be circulated confidentially bythe secretariat, in accordance with the rules of procedure of thefunctional commissions of the Economic and Social Council, in advanceof the second closed meeting;

c) At the second closed meeting, members of the Commission woulddiscuss and take action on the draft resolutions or decisions; arepresentative or representatives of the Governments concerned wouldhave the right to be present during the adoption of the final decision/resolution taken in regard to the human rights situation in that country;as has been the established practice, the Chairperson of the Commissionwould subsequently announce in a public meeting which countries hadbeen examined under the 1503 procedure, as well as the names ofcountries no longer being dealt with under the procedure; the 1503dossiers would remain confidential, except where the Governmentconcerned has indicated the wish that they become public;

d) In accordance with the established practice, the action taken inrespect of a particular situation should be one of the following options:i To discontinue consideration of the matter when further

consideration or action is not warranted;ii To keep the situation under review in the light of any further

information received from the Government concerned and anyfurther information which may reach the Commission under the1503 procedure;

iii To keep the situation under review and to appoint an independentexpert;

1 F.3 THE 1503 PROCEDURE (ECOSOC RESOLUTION 2000/03)

-Resolution 2000/3 adopted by the Economic and Social Council at its resumed organizational session for 2000(3-10 May and 16 June 2000); 10th plenary meeting, 16 June 2000


91

iv To discontinue consideration of the matter under the confidentialprocedure governed by Council resolution 1503 (XLVIII) in orderto take up consideration of the same matter under the publicprocedure governed by Council resolution 1235 (XLII);

8. Decides that the provisions of Council resolution 1503 (XLVIII) andrelated resolutions and decisions not affected by the presentreorganization of work shall remain in force, including:

a) Provisions relating to the duties and responsibilities of theSecretary-General, it being understood that in respect of the handlingof communications and government replies relating thereto the dutiesand responsibilities are as follows:i The compilation, as before, of monthly confidential summaries of

incoming communications concerning alleged violations of humanrights; the identity of authors may be deleted upon request;

ii The transmittal of a copy of each summarized communication, inthe language received, to the Government concerned for reply,


without divulging the identity of the author if he or she so requests;iii Acknowledging the receipt of communications to their authors;iv The reproduction and circulation to the members of the Commission,

as before, of the replies received from Governments;b) Provisions aimed at facilitating government cooperation and

participation in the procedure, including the provisions of Commissiondecision 3 (XXX) of 6 March 1974,8 now to be applied following themeetings of the Working Group on Communications;

9. Decides that all actions envisaged in the implementation of thepresent resolution by the Working Group on Communications, theWorking Group on Situations and the Commission on Human Rightsshall remain confidential until such time as the Commission may decideto make recommendations to the Economic and Social Council;

10. Decides that the procedure as amended may continue to bereferred to as the 1503 procedure.

92 1 F.4 SETTING INTERNATIONAL STANDARDS IN THE FIELD OF HUMAN RIGHTS

The General Assembly,Recalling the extensive network of international standards in the

field of human rights, which it and other United Nations bodies,including the specialized agencies, have established,

Emphasizing the primacy of the Universal Declaration of HumanRights, the International Covenant on Civil and Political Rights andthe International Covenant on Economic, Social and Cultural Rights inthis network,

Reaffirming that effective implementation of these internationalstandards is of fundamental importance,

Recognizing the value of continuing efforts to identify specific areaswhere further international action is required to develop the existinginternational legal framework in the field of human rights pursuant toArticle l3, paragraph l a, of the Charter of the United Nations,

Recognizing also that standard setting should proceed with adequatepreparation,

Emphasizing that the standard setting activities of the United Nationsshould be as effective and efficient as possible,

1. Calls upon Member States and United Nations bodies to accordpriority to the implementation of existing international standards inthe field of human rights and urges broad ratification of, or accessionto, existing treaties in this field;

1 F.4 SETTING INTERNATIONAL STANDARDS IN THE FIELD OF HUMAN RIGHTS

-A/RES/41/120, adopted on 4 December 1986, at the 97th plenary meeting of the UN General Assembly

2. Urges Member States and United Nations bodies engaged indeveloping new international human rights standards to give dueconsideration in this work to the established international legalframework;

3. Reaffirms the important role of the Commission on HumanRights, among other appropriate United Nations bodies, in thedevelopment of international instruments in the field of human rights;

4. Invites Member States and United Nations bodies to bear in mindthe following guidelines in developing international instruments in thefield of human rights; such instruments should, inter alia:a) Be consistent with the existing body of international human rightslaw;b) Be of fundamental character and derive from the inherent dignityand worth of the human person;c) Be sufficiently precise to give rise to identifiable and practicablerights and obligations;d) Provide, where appropriate, realistic and effective implementationmachinery, including reporting systems;e) Attract broad international support;

5. Requests the Secretary-General to provide appropriate specializedsupport to United Nations bodies working on standard setting in thefield of human rights.

93

The Economic and Social Council,Recalling Article 71 of the Charter of the United Nations,Recalling also its resolution 1993/80 of 30 July 1993, in which it

requested a general review of arrangements for consultation with non-governmental organizations, with a view to updating, if necessary,Council resolution 1296 (XLIV) of 23 May 1968, as well as introducingcoherence in the rules governing the participation of non-governmentalorganizations in international conferences convened by the UnitedNations, and also an examination of ways and means of improvingpractical arrangements for the work of the Committee on Non-Governmental Organizations and the Non-Governmental OrganizationsSection of the Secretariat,

Recalling further its decision 1995/304 of 26 July 1995,Confirming the need to take into account the full diversity of the

non-governmental organizations at the national, regional andinternational levels,

Acknowledging the breadth of non-governmental organizations’expertise and the capacity of non-governmental organizations to supportthe work of the United Nations,

Taking into account the changes in the non-governmental sector,including the emergence of a large number of national and regionalorganizations,

Calling upon the governing bodies of the relevant organizations,bodies and specialized agencies of the United Nations system to examinethe principles and practices relating to their consultations with non-governmental organizations and to take action, as appropriate, topromote coherence in the light of the provisions of the present resolution,

Approves the following update of the arrangements set out in itsresolution 1296 (XLIV) of 23 May 1968:

ARRANGEMENTS FOR CONSULTATION WITH NON-GOVERNMENTAL ORGANIZATIONS

Part I PRINCIPLES TO BE APPLIED IN THE ESTABLISH-MENT OF CONSULTATIVE RELATIONS

The following principles shall be applied in establishing consultativerelations with non-governmental organizations:

1. The organization shall be concerned with matters falling withinthe competence of the Economic and Social Council and its subsidiarybodies.

2. The aims and purposes of the organization shall be in conformitywith the spirit, purposes and principles of the Charter of the UnitedNations.

3. The organization shall undertake to support the work of the UnitedNations and to promote knowledge of its principles and activities, inaccordance with its own aims and purposes and the nature and scope ofits competence and activities.

4. Except where expressly stated otherwise, the term “organization”shall refer to non-governmental organizations at the national,subregional, regional or international levels.

5. Consultative relationships may be established with international,regional, subregional and national organizations, in conformity withthe Charter of the United Nations and the principles and criteriaestablished under the present resolution. The Committee, in consideringapplications for consultative status, should ensure, to the extent possible,participation of non-governmental organizations from all regions, andparticularly from developing countries, in order to help achieve a just,balanced, effective and genuine involvement of non-governmental

1 F.5. CONSULTATIVE RELATIONSHIP BETWEEN THE UNITED NATIONS ANDNON-GOVERNMENTAL ORGANIZATIONS

-adopted at the 49 th plenary meeting of the UN Economic and Social Council on 25 July 1996 Resolution E/1996/31

1 F.5. CONSULTATIVE RELATIONSHIP BETWEEN THE UNITED NATIONS AND NON-GOVERNMENTAL ORGANIZATIONS

organizations from all regions and areas of the world. The Committeeshall also pay particular attention to non-governmental organizationsthat have special expertise or experience upon which the Council maywish to draw.

6. Greater participation of non-governmental organizations fromdeveloping countries in international conferences convened by theUnited Nations should be encouraged.

7. Greater involvement of non-governmental organizations fromcountries with economies in transition should be encouraged.

8. Regional, subregional and national organizations, including thoseaffiliated to an international organization already in status, may beadmitted provided that they can demonstrate that their programme ofwork is of direct relevance to the aims and purposes of the UnitedNations and, in the case of national organizations, after consultationwith the Member State concerned. The views expressed by the MemberState, if any, shall be communicated to the non-governmentalorganization concerned, which shall have the opportunity to respondto those views through the Committee on Non-GovernmentalOrganizations.

9. The organization shall be of recognized standing within theparticular field of its competence or of a representative character. Wherethere exist a number of organizations with similar objectives, interestsand basic views in a given field, they may, for the purposes ofconsultation with the Council, form a joint committee or other bodyauthorized to carry on such consultation for the group as a whole.

10. The organization shall have an established headquarters, with anexecutive officer. It shall have a democratically adopted constitution, acopy of which shall be deposited with the Secretary-General of theUnited Nations, and which shall provide for the determination of policyby a conference, congress or other representative body, and for anexecutive organ responsible to the policy-making body.

11. The organization shall have authority to speak for its membersthrough its authorized representatives. Evidence of this authority shallbe presented, if requested.

12. The organization shall have a representative structure and possessappropriate mechanisms of accountability to its members, who shallexercise effective control over its policies and actions through theexercise of voting rights or other appropriate democratic and transparentdecision-making processes. Any such organization that is not establishedby a governmental entity or intergovernmental agreement shall beconsidered a non-governmental organization for the purpose of thesearrangements, including organizations that accept members designatedby governmental authorities, provided that such membership does notinterfere with the free expression of views of the organization.

13. The basic resources of the organization shall be derived in themain part from contributions of the national affiliates or othercomponents or from individual members. Where voluntary contributionshave been received, their amounts and donors shall be faithfully revealedto the Council Committee on Non-Governmental Organizations. Where,however, the above criterion is not fulfilled and an organization isfinanced from other sources, it must explain to the satisfaction of theCommittee its reasons for not meeting the requirements laid down inthis paragraph. Any financial contribution or other support, direct orindirect, from a Government to the organization shall be openly declaredto the Committee through the Secretary-General and fully recorded inthe financial and other records of the organization and shall be devotedto purposes in accordance with the aims of the United Nations.

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14. In considering the establishment of consultative relations with anon-governmental organization, the Council will take into accountwhether the field of activity of the organization is wholly or mainlywithin the field of a specialized agency, and whether or not it could beadmitted when it has, or may have, a consultative arrangement with aspecialized agency.

15. The granting, suspension and withdrawal of consultative status,as well as the interpretation of norms and decisions relating to thismatter, are the prerogative of Member States exercised through theEconomic and Social Council and its Committee on Non-GovernmentalOrganizations. A non-governmental organization applying for generalor special consultative status or a listing on the Roster shall have theopportunity to respond to any objections being raised in the Committeebefore the Committee takes its decision.

16. The provisions of the present resolution shall apply to the UnitedNations regional commissions and their subsidiary bodies mutatismutandis.

17. In recognizing the evolving relationship between the UnitedNations and non-governmental organizations, the Economic and SocialCouncil, in consultation with the Committee on Non-GovernmentalOrganizations, will consider reviewing the consultative arrangementsas and when necessary to facilitate, in the most effective mannerpossible, the contributions of non-governmental organizations to thework of the United Nations.

Part II PRINCIPLES GOVERNING THE NATURE OF THECONSULTATIVE ARRANGEMENTS

18. A clear distinction is drawn in the Charter of the United Nationsbetween participation without vote in the deliberations of the Counciland the arrangements for consultation. Under Articles 69 and 70,participation is provided for only in the case of States not members ofthe Council, and of specialized agencies. Article 71, applying to non-governmental organizations, provides for suitable arrangements forconsultation. This distinction, deliberately made in the Charter, isfundamental and the arrangements for consultation should not be suchas to accord to non-governmental organizations the same rights ofparticipation as are accorded to States not members of the Council andto the specialized agencies brought into relationship with the UnitedNations.

19. The arrangements should not be such as to overburden the Councilor transform it from a body for coordination of policy and action, ascontemplated in the Charter, into a general forum for discussion.

20. Decisions on arrangements for consultation should be guidedby the principle that consultative arrangements are to be made, on theone hand, for the purpose of enabling the Council or one of its bodiesto secure expert information or advice from organizations having specialcompetence in the subjects for which consultative arrangements aremade, and, on the other hand, to enable international, regional,subregional and national organizations that represent important elementsof public opinion to express their views. Therefore, the arrangementsfor consultation made with each organization should relate to thesubjects for which that organization has a special competence or inwhich it has a special interest. The organizations given consultativestatus should be limited to those whose activities in fields set out inparagraph 1 above qualify them to make a significant contribution tothe work of the Council and should, in sum, as far as possible reflect ina balanced way the major viewpoints or interests in these fields in allareas and regions of the world.

Part III ESTABLISHMENT OF CONSULTATIVE RELATION-SHIPS

21. In establishing consultative relationships with each organization,regard shall be had to the nature and scope of its activities and to theassistance it may be expected to give to the Council or its subsidiarybodies in carrying out the functions set out in Chapters IX and X of theCharter of the United Nations.

22. Organizations that are concerned with most of the activities ofthe Council and its subsidiary bodies and can demonstrate to thesatisfaction of the Council that they have substantive and sustainedcontributions to make to the achievement of the objectives of the UnitedNations in fields set out in paragraph 1 above, and are closely involvedwith the economic and social life of the peoples of the areas theyrepresent and whose membership, which should be considerable, isbroadly representative of major segments of society in a large numberof countries in different regions of the world shall be known asorganizations in general consultative status.

23. Organizations that have a special competence in, and areconcerned specifically with, only a few of the fields of activity coveredby the Council and its subsidiary bodies, and that are known within thefields for which they have or seek consultative status shall be known asorganizations in special consultative status.

24. Other organizations that do not have general or specialconsultative status but that the Council, or the Secretary-General of theUnited Nations in consultation with the Council or its Committee onNon-Governmental Organizations, considers can make occasional anduseful contributions to the work of the Council or its subsidiary bodiesor other United Nations bodies within their competence shall be includedin a list (to be known as the Roster). This list may also includeorganizations in consultative status or a similar relationship with aspecialized agency or a United Nations body. These organizations shallbe available for consultation at the request of the Council or itssubsidiary bodies. The fact that an organization is on the Roster shallnot in itself be regarded as a qualification for general or specialconsultative status should an organization seek such status.

25. Organizations to be accorded special consultative status becauseof their interest in the field of human rights should pursue the goals ofpromotion and protection of human rights in accordance with the spiritof the Charter of the United Nations, the Universal Declaration ofHuman Rights and the Vienna Declaration and Programme of Action.

26. Major organizations one of whose primary purposes is to promotethe aims, objectives and purposes of the United Nations and afurtherance of the understanding of its work may be accordedconsultative status.

Part IV CONSULTATION WITH THE COUNCILProvisional agenda

27. The provisional agenda of the Council shall be communicated toorganizations in general consultative status and special consultativestatus and to those on the Roster.

28. Organizations in general consultative status may propose to theCouncil Committee on Non-Governmental Organizations that theCommittee request the Secretary-General to place items of specialinterest to the organizations in the provisional agenda of the Council.

Attendance at meetings29. [. . . ]

Written statements30. and 31. [ . . . ]

Oral presentations during meetings 32. [ . . . ]

Part V CONSULTATION WITH COMMISSIONS AND OTHERSUBSIDIARY ORGANS OF THE COUNCIL

Provisional agenda33. and 34. [ . . . ]

Attendance at meetings35. [. . . ]


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Written statements36. and 37. [. . . ]

Oral presentations during meetings38. [ . . . ]

Special studies39. Subject to the relevant rules of procedure on financial

implications, a commission or other subsidiary organ may recommendthat an organization that has special competence in a particular fieldshould undertake specific studies or investigations or prepare specificpapers for the commission. The limitations of paragraphs 37 (d) and(e) above shall not apply in this case.

Part VI CONSULTATIONS WITH AD HOC COMMITTEES OFTHE COUNCIL

40. The arrangements for consultation between ad hoc committeesof the Council authorized to meet between sessions of the Council andorganizations in general consultative status and special consultativestatus and on the Roster shall follow those approved for commissionsof the Council, unless the Council or the committee decides otherwise.

Part VII PARTICIPATION OF NON-GOVERNMENTAL ORGA-NIZATIONS IN INTERNATIONAL CONFERENCESCONVENED BY THE UNITED NATIONS AND THEIRPREPARATORY PROCESS

41. Where non-governmental organizations have been invited toparticipate in an international conference convened by the UnitedNations, their accreditation is the prerogative of Member States,exercised through the respective preparatory committee. Suchaccreditation should be preceded by an appropriate process to determinetheir eligibility.

42. Non-governmental organizations in general consultative status,special consultative status and on the Roster, that express their wish toattend the relevant international conferences convened by the UnitedNations and the meetings of the preparatory bodies of the saidconferences shall as a rule be accredited for participation. Other non-governmental organizations wishing to be accredited may apply to thesecretariat of the conference for this purpose in accordance with thefollowing requirements.

43. The secretariat of the conference shall be responsible for thereceipt and preliminary evaluation of requests from non-governmentalorganizations for accreditation to the conference and its preparatoryprocess. In the discharge of its functions, the secretariat of the conferenceshall work in close cooperation and coordination with the Non-Governmental Organizations Section of the Secretariat, and shall beguided by the relevant provisions of Council resolution 1296 (XLIV)as updated.

44. All such applications must be accompanied by information onthe competence of the organization and the relevance of its activities tothe work of the conference and its preparatory committee, with anindication of the particular areas of the conference agenda andpreparations to which such competence and relevance pertain, andshould include, inter alia, the following information:a) The purpose of the organization;b) Information as to the programmes and activities of the organizationin areas relevant to the conference and its preparatory process and thecountry or countries in which they are carried out. Non-governmentalorganizations seeking accreditation shall be asked to confirm theirinterest in the goals and objectives of the conference;c) Confirmation of the activities of the organization at the national,regional or international level;d) Copies of the annual or other reports of the organization withfinancial statements, and a list of financial sources and contributions,including governmental contributions;e) A list of members of the governing body of the organization andtheir countries of nationality;

f) A description of the membership of the organization, indicating thetotal number of members, the names of organizations that are membersand their geographical distribution;g) A copy of the constitution and/or by-laws of the organization.

45. In the evaluation of the relevance of applications of non-governmental organizations for accreditation to the conference and itspreparatory process, it is agreed that a determination shall be madebased on their background and involvement in the subject areas of theconference.

46. The secretariat shall publish and disseminate to Member Stateson a periodic basis the updated list of applications received. MemberStates may submit comments on any of the applications on the list 14days from receipt of the above-mentioned list by Member States. Thecomments of Member States shall be communicated to the non-governmental organization concerned, which shall have the opportunityto respond.

47 to 54. [ . . . ]

Part VIII SUSPENSION AND WITHDRAWAL OF CONSULTA-TIVE STATUS

55 to 59. [ . . . ]

Part IX COUNCIL COMMITTEE ON NON-GOVERNMEN-TAL ORGANIZATIONS

60. The members of the Committee on Non-GovernmentalOrganizations shall be elected by the Council on the basis of equitablegeographical representation, in accordance with the relevant Councilresolutions and decision 1/ and rules of procedure of the Council. 2/The Committee shall elect its Chairman and other officers as necessary.

61. [ . . . ]

62. The Committee, in considering a request from a non-governmental organization in general consultative status that an itembe placed in the agenda of the Council, shall take into account, amongother things:a) The adequacy of the documentation submitted by the organization;b) The extent to which it is considered that the item lends itself toearly and constructive action by the Council;c) The possibility that the item might be more appropriately dealt withelsewhere than in the Council.

63. Any decision by the Council Committee on Non-GovernmentalOrganizations not to grant a request submitted by a non-governmentalorganization in general consultative status that an item be placed in theprovisional agenda of the Council shall be considered final unless theCouncil decides otherwise.

Part X CONSULTATION WITH THE SECRETARIAT64 to 67. [ . . . ]

Part XI SECRETARIAT SUPPORT68. Adequate Secretariat support shall be required for fulfilment of

the mandate defined for the Committee on Non-GovernmentalOrganizations with respect to carrying out the wider range of activitiesin which the enhanced involvement of non-governmental organizationsis envisaged. The Secretary-General is requested to provide thenecessary resources for this purpose and to take steps for improvingthe coordination within the Secretariat of units dealing with non-governmental organizations.

69 to 70. [ . . . ]

Notes1/ Council resolutions 1099 (XL) and 1981/50 and Council decision1995/304.2/ Rule 80 of the rules of procedure of the Council.


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Recalling that the Universal Declaration of Human Rights assertsthe principle of non-discrimination and proclaims that every personhas the right to education,

Considering that discrimination in education is a violation of rightsenunciated in that Declaration,

Considering that, under the terms of its Constitution, the UnitedNations Educational, Scientific and Cultural Organization has thepurpose of instituting collaboration among the nations with a view tofurthering for all universal respect for human rights and equality ofeducational opportunity,

Recognizing that, consequently, the United Nations Educational,Scientific and Cultural Organization, while respecting thediversity of national educational systems, has the duty not only toproscribe any form of discrimination in education but also to promoteequality of opportunity and treatment for all in education,

Having before it proposals concerning the different aspects ofdiscrimination in education, constituting item 17.1.4 of the agenda ofthe session,

Having decided at its tenth session that this question should be madethe subject of an international convention as well as of recommendationsto Member States,

Adopts this Convention on the fourteenth day of December 1960.

Article 1 [definition of discrimination]1. For the purpose of this Convention, the term “discrimination”

includes any distinction, exclusion, limitation or preference which, beingbased on race, colour, sex, language, religion, political or other opinion,national or social origin, economic condition or birth, has the purposeor effect of nullifying or impairing equality of treatment ineducation and in particular:a) Of depriving any person or group of persons of access to educationof any type or at any level;b) Of limiting any person or group of persons to education of an inferiorstandard;c) Subject to the provisions of article 2 of this Convention, ofestablishing or maintaining separate educational systems or institutionsfor persons or groups of persons; ord) Of inflicting on any person or group of persons conditions whichare incompatible with the dignity of man.

2. For the purposes of this Convention, the term “education” refersto all types and levels of education, and includes access to education,the standard and quality of education, and the conditions under whichit is given.

Article 2 [permitted exceptions]When permitted in a State, the following situations shall not be

deemed to constitute discrimination, within the meaning of article 1 ofthis Convention:a) The establishment or maintenance of separate educational systemsor institutions for pupils of the two sexes, if these systems or institutionsoffer equivalent access to education, provide a teaching staff withqualifications of the same standard as well as school premises andequipment of the same quality, and afford the opportunity to take thesame or equivalent courses of study;b) The establishment or maintenance, for religious or linguistic reasons,of separate educational systems or institutions offering an educationwhich is in keeping with the wishes of the pupil’s parents or legalguardians, if participation in such systems or attendance at suchinstitutions is optional and if the education provided conforms to suchstandards as may be laid down or approved by the competent authorities,in particular for education of the same level;c) The establishment or maintenance of private educational institutions,if the object of the institutions is not to secure the exclusion of anygroup but to provide educational facilities in addition to those provided

by the public authorities, if the institutions are conducted in accordancewith that object, and if the education provided conforms with suchstandards as may be laid down or approved by the competent authorities,in particular for education of the same level.

Article 3 [state obligations]In order to eliminate and prevent discrimination within the meaning

of this Convention, the States Parties thereto undertake:a) To abrogate any statutory provisions and any administrativeinstructions and to discontinue any administrative practices whichinvolve discrimination in education;b) To ensure, by legislation where necessary, that there is nodiscrimination in the admission of pupils to educational institutions;c) Not to allow any differences of treatment by the public authoritiesbetween nationals, except on the basis of merit or need, in the matter ofschool fees and the grant of scholarships or other forms of assistanceto pupils and necessary permits and facilities for the pursuit of studiesin foreign countries;d) Not to allow, in any form of assistance granted by the publicauthorities to educational institutions, any restrictions or preferencebased solely on the ground that pupils belong to a particular group;e) To give foreign nationals resident within their territory the sameaccess to education as that given to their own nationals.

Article 4 [positive state obligations]The States Parties to this Convention undertake furthermore to

formulate, develop and apply a national policy which, by methodsappropriate to the circumstances and to national usage, will tend topromote equality of opportunity and of treatment in the matter ofeducation and in particular:a) To make primary education free and compulsory; make secondaryeducation in its different forms generally available and accessible toall; make higher education equally accessible to all on the basis ofindividual capacity; assure compliance by all with the obligation toattend school prescribed by law;b) To ensure that the standards of education are equivalent in all publiceducation institutions of the same level, and that the conditions relatingto the quality of education provided are also equivalent;c) To encourage and intensify by appropriate methods the education ofpersons who have not received any primary education or who have notcompleted the entire primary education course and the continuation oftheir education on the basis of individual capacity;d) To provide training for the teaching profession without discrimina-tion.

Article 5 [common standards]1. The States Parties to this Convention agree that:

a) Education shall be directed to the full development of the humanpersonality an d to the strengthening of respect for human rights andfundamental freedoms; it shall promote understanding, tolerance andfriendship among all nations, racial or religious groups, and shall furtherthe activities of the United Nations for the maintenance of peace;b) It is essential to respect the liberty of parents and, where applicable,of legal guardians, firstly to choose for their children institutions otherthan those maintained by the public authorities but conforming to suchminimum educational standards as may be laid down or approved bythe competent authorities and, secondly, to ensure in a manner consistentwith the procedures followed in the State for the application of itslegislation, the religious and moral education of the children inconformity with their own convictions; and no person or group ofpersons should be compelled to receive religious instruction inconsistentwith his or their conviction;c) It is essential to recognize the right of members of national minoritiesto carry on their own educational activities, including the maintenance

1 G.1 CONVENTION AGAINST DISCRIMINATION IN EDUCATION

-adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization, meeting in Paris on 14 December 1960, at its eleventh session-entered into force on 22 May 22 1962-ratifications, etc.; 89 as per 15 July 2004



of schools and, depending on the educational policy of each State, theuse or the teaching of their own language, provided however:i) That this right is not exercised in a manner which prevents the

members of these minorities from understanding the culture andlanguage of the community as a whole and from participating in itsactivities, or which prejudices national sovereignty;

ii)That the standard of education is not lower than the general standardlaid down or approved by the competent authorities; and

iii That attendance at such schools is optional.2. The States Parties to this Convention undertake to take all

necessary measures to ensure the application of the principles enunciatedin paragraph 1 of this article.

Article 6 [role of UNESCO General Conference]In the application of this Convention, the States Parties to it undertake

to pay the greatest attention to any recommendations hereafter adoptedby the General Conference of the United Nations Educational, Scientificand Cultural Organization defining the measures to be taken againstthe different forms of discrimination in education and for the purposeof ensuring equality of opportunity and treatment in education.

Article 7 [reporting obligations]The States Parties to this Convention shall in their periodic reports

submitted to the General Conference of the United Nations Educational,Scientific and Cultural Organization on dates and in a manner to bedetermined by it, give information on the legislative and administrativeprovisions which they have adopted and other action which they havetaken for the application of this Convention, including that taken forthe formulation and the development of the national policy defined inarticle 4 as well as the results achieved and the obstacles encounteredin the application of that policy.

Article 8 [submission of disputes to ICJ]Any dispute which may arise between any two or more States Parties

to this Convention concerning the interpretation or application of thisConvention which is not settled by negotiations shall at the request ofthe parties to the dispute be referred, failing other means of settling thedispute, to the International Court of Justice for decision.

Article 9 [no reservations permitted]Reservations to this Convention shall not be permitted.

Article 10 [prevalence of best standards]This Convention shall not have the effect of diminishing the rights

which individuals or groups may enjoy by virtue of agreementsconcluded between two or more States, where such rights are notcontrary to the letter or spirit of this Convention.

Article 11 [language]This Convention is drawn up in English, French, Russian and

Spanish, the four texts being equally authoritative.

Article 12 [ratification]1. This Convention shall be subject to ratification or acceptance by

States Members of the United Nations Educational, Scientific andCultural Organization in accordance with their respective constitutionalprocedures.

2. The instruments of ratification or acceptance shall be depositedwith the Director-General of the United Nations Educational, Scientificand Cultural Organization.

Article 13 [accession]1. This Convention shall be open to accession by all States not

Members of the United Nations Educational, Scientific and CulturalOrganization which are invited to do so by the Executive Board of theOrganization.

2. Accession shall be effected by the deposit of an instrument ofaccession with the Director-General of the United Nations Educational,Scientific and Cultural Organization.

Article 14 [entry into force]This Convention shall enter into force three months after the date of

the deposit of the third instrument of ratification, acceptance oraccession, but only with respect to those States which have depositedtheir respective instruments on or before that date. It shall enter intoforce with respect to any other State three months after the deposit ofits instrument of ratification, acceptance or accession.

Article 15 [territorial application]The States Parties to this Convention recognize that the Convention

is applicable not only to their metropolitan territory but also to all non-self-governing, trust, colonial and other territories for the internationalrelations of which they are responsible; they undertake to consult, ifnecessary, the governments or other competent authorities of theseterritories on or before ratification, acceptance or accession with a viewto securing the application of the Convention to those territories, andto notify the Director-General of the United Nations Educational,Scientific and Cultural Organization of the territories to which it isaccordingly applied, the notification to take effect three months afterthe date of its receipt.

Article 16 [denunciation]1. Each State Party to this Convention may denounce the Convention

on its own behalf or on behalf of any territory for whose internationalrelations it is responsible.

2. The denunciation shall be notified by an instrument in writing,deposited with the Director-General of the United Nations Educational,Scientific and Cultural Organization.

3. The denunciation shall take effect twelve months after the receiptof the instrument of denunciation.

Article 17 [depositary functions]The Director-General of the United Nations Educational, Scientific

and Cultural Organization shall inform the States Members of theOrganization, the States not members of the Organization which arereferred to in article 13, as well as the United Nations, of the deposit ofall the instruments of ratification, acceptance and accession providedfor in articles 12 and 13, and of notifications and denunciations providedfor in articles 15 and 16 respectively.

Article 18 [revision]1. This Convention may be revised by the General Conference of

the United Nations Educational, Scientific and Cultural Organization.Any such revision shall, however, bind only the States which shallbecome Parties to the revising convention.

2. If the General Conference should adopt a new convention revisingthis Convention in whole or in part, then, unless the new conventionotherwise provides, this Convention shall cease to be open to ratification,acceptance or accession as from the date on which the new revisingconvention enters into force.

Article 19 [registration]In conformity with Article 102 of the Charter of the United Nations,

this Convention shall be registered with the Secretariat of the UnitedNations at the request of the Director-General of the United NationsEducational, Scientific and Cultural Organization.

Done in Paris, this fifteenth day of December 1960, in two authenticcopies bearing the signatures of the President of theeleventh session of the General Conference and of the Director-Generalof the United Nations Educational, Scientificand Cultural Organization, which shall be deposited in the archives ofthe United Nations Educational, Scientific and Cultural Organization,and certified true copies of which shall be delivered to all the Statesreferred to in articles 12 and 13 as well as to the United Nations.

In faith whereof we have appended our signatures this fifteenth day ofDecember 1960.

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Article 1 [freedom of thought, conscience and religion]1. Everyone shall have the right to freedom of thought, conscience

and religion. This right shall include freedom to have a religion orwhatever belief of his choice, and freedom, either individually or incommunity with others and in public or private, to manifest his religionor belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion which would impair hisfreedom to have a religion or belief of his choice.

3. Freedom to manifest one’s religion or belief may be subject onlyto such limitations as are prescribed by law and are necessary to protectpublic safety, order, health or morals or the fundamental rights andfreedoms of others.

Article 2 [prohibition of discrimination]1. No one shall be subject to discrimination by any State, institution,

group of persons, or person on the grounds of religion or other belief.2. For the purposes of the present Declaration, the expression

“intolerance and discrimination based on religion or belief” means anydistinction, exclusion, restriction or preference based on religion orbelief and having as its purpose or as its effect nullification orimpairment of the recognition, enjoyment or exercise of human rightsand fundamental freedoms on an equal basis.

Article 3 [right to respect for human dignity]Discrimination between human being on the grounds of religion or

belief constitutes an affront to human dignity and a disavowal of theprinciples of the Charter of the United Nations, and shall be condemnedas a violation of the human rights and fundamental freedoms proclaimedin the Universal Declaration of Human Rights and enunciated in detailin the International Covenants on Human Rights, and as an obstacle tofriendly and peaceful relations between nations.

Article 4 [effective preventive measures]1. All States shall take effective measures to prevent and eliminate

discrimination on the grounds of religion or belief in the recognition,exercise and enjoyment of human rights and fundamental freedoms inall fields of civil, economic, political, social and cultural life.

2. All States shall make all efforts to enact or rescind legislationwhere necessary to prohibit any such discrimination, and to take allappropriate measures to combat intolerance on the grounds of religionor other beliefs in this matter.

Article 5 [rights of parents and children]1. The parents or, as the case may be, the legal guardians of the child

have the right to organize the life within the family in accordance withtheir religion or belief and bearing in mind the moral education in whichthey believe the child should be brought up.

2. Every child shall enjoy the right to have access to education in thematter of religion or belief in accordance with the wishes of his parentsor, as the case may be, legal guardians, and shall not be compelled toreceive teaching on religion or belief against the wishes of his parentsor legal guardians, the best interests of the child being the guidingprinciple.

3. The child shall be protected from any form of discrimination onthe ground of religion or belief. He shall be brought up in a spirit ofunderstanding, tolerance, friendship among peoples, peace and universalbrotherhood, respect for freedom of religion or belief of others, and infull consciousness that his energy and talents should be devoted to theservice of his fellow men.

4. in the case of a child who is not under the care either of his parentsor of legal guardians, due account shall be taken of their expressedwishes or of any other proof of their wishes in the matter of religion orbeliefs the best interests of the child being the guiding principle.

5. Practices of a religion or belief in which a child is brought upmust not be injurious to his physical or mental health or to his fulldevelopment, taking into account article l, paragraph 3, of the presentDeclaration.

Article 6 [components of the freedom of conscience]In accordance with article l of the present Declaration, and subject

to the provisions of article l, paragraph 3, the right to freedom of thought,conscience, religion or belief shall include, inter alia. the followingfreedoms:a) To worship or assemble in connection with a religion or beliefs andto establish and maintain places for these purposes;b) To establish and maintain appropriate charitable or humanitarianinstitutions;c) To make, acquire and use to an adequate extent the necessary articlesand materials related to the rites or customs of a religion or belief;d) To write, issue and disseminate relevant publications in these areas;e) To teach a religion or belief in places suitable for these purposes;f) To solicit and receive voluntary financial and other contributionsfrom individuals and institutions;g) To train, appoint, elect or designate by succession appropriate leaderscalled for by the requirements and standards of any religion or belief;h) To observe days of rest and to celebrate holidays and ceremonies inaccordance with the precepts of one’s religion or belief;i) To establish and maintain communications with individuals andcommunities in matters of religion and belief at the national andinternational levels.

Article 7 [national legislation]The rights and freedoms set forth in the present Declaration shall be

accorded in national legislation in such a manner that everyone shallbe able to avail himself of such rights and freedoms in practice.

Article 8 [prevalence of best standards]Nothing in the present Declaration shall be construed as restricting

or derogating from any right defined in the Universal Declaration ofHuman Rights and the International Covenants on Human Rights.

1 G.2 DECLARATION ON THE ELIMINATION OF ALL FORMS OF INTOLERANCE AND OFDISCRIMINATION BASED ON RELIGION OR BELIEF

-proclaimed by the United Nations General Assembly resolution 36/55 of 25 November 1981

1 G.2 DECLARATION ON THE ELIMINATION OF ALL FORMS OF INTOLERANCE ANDOF DISCRIMINATION BASED ON RELIGION OR BELIEF

99

The General Assembly,Bearing in mind the purposes and principles of the Charter of the

United Nations relating to the achievement of international co-operationin solving international problems of an economic, social, cultural orhumanitarian nature, and in promoting and encouraging respect forhuman rights and fundamental freedoms for all without distinction asto race, sex, language or religion,

Recognizing that development is comprehensive economic, social,cultural and political process, which aims at the constant improvementof the well-being of the entire population and of all individuals on thebasis of their active, free and meaningful participation in developmentand in the fair distribution of benefits resulting therefrom,

Considering that under the provisions of the Universal Declarationof Human Rights everyone is entitled to a social and international orderin which the rights and freedoms set forth in that Declaration can befully realized,

Recalling the provisions of the International Covenant on Economic,Social and Cultural Rights and the International Covenant on Civil andPolitical Rights,

Recalling further the relevant agreements, conventions, resolutions,recommendations and other instrument of the United Nations and itsspecialized agencies concerning the integral development of the humanbeing, economic and social progress and development of all peoples,including those instruments concerning decolonization, the preventionof discrimination, respect for, and observance of, human rights andfundamental freedoms, the maintenance of international peace andsecurity and the further promotion of friendly relations and co-operationamong States in accordance with the Charter,

Recalling the right of peoples to self-determination, by virtue ofwhich they have the right freely to determine their political status andto pursue their economic, social and cultural development,

Recalling further the right of peoples to exercise, subject to relevantprovisions of both International Covenants on Human Rights, their fulland complete sovereignty over all their natural wealth and resources,

Mindful of the obligation of Stats under the Charter to promoteuniversal respect for, and observance of, human rights and fundamentalfreedoms for all without distinction of any kind such as race, colour,sex, language, religion, political or other opinion, national or socialorigin, property, birth or other status,

Considering that the elimination of the massive and flagrantviolations of the human rights of the peoples and individuals affectedby situations such as those resulting from colonialism, neo-colonialism,apartheid, all forms of racism and racial discrimination, foreigndomination and occupation, aggression and threats against nationalsovereignty, national unity and territorial integrity and threats of warwould contribute to the establishment of circumstances propitious tothe development of a great part of mankind,

Concerned at the existence of serious obstacles to development, aswell as to the complete fulfilment of human beings and of peoples,constitutes, inter alia, by the denial of civil, political, economic, socialand cultural rights, and considering that all human rights andfundamental freedoms are indivisible and interdependent and that, inorder to promote development, equal attention and urgent considerationshould be given to the implementation, promotion and protection ofcivil, political, economic, social and cultural rights and that, accordingly,the promotion of, respect for, and enjoyment of certain human rightsand fundamental freedoms cannot justify the denial of other humanrights and fundamental freedoms,

Considering that internal peace and security are essential elementsfor the realization of the right to development,

Reaffirming that there is a close relationship between disarmamentand development and that progress in the field of disarmament wouldconsiderably promote progress in the field of development and thatresources released through disarmament measures should be devotedto the economic and social development and well-being of all peoplesand, in particular, those of the developing countries,

Recognizing that the human person is the central subject of thedevelopment process and that development policy should thereforemake the human being the main participant and beneficiary ofdevelopment,

Recognizing that the creation of conditions favourable to thedevelopment of peoples and individuals is the primary responsibilityof their States,

Aware that efforts to promote and protect human rights at theinternational level should be accompanied by efforts to establish a newinternational economic order,

Confirming that the right to development is an inalienable humanright and that equality of opportunity for development is a prerogativeboth of nations and of individuals who make up nations,

Proclaims the following Declaration on the right to development:

Article 1 [right to development]1. The right to development is an inalienable human right by virtue

of which every human person and all peoples are entitled to participatein, contribute to and enjoy economic, social, cultural and politicaldevelopment, in which all human rights and fundamental freedoms canbe fully realized.

2. The human right to development also implies the full realizationof the right of peoples to self-determination, which includes, subject torelevant provisions of both International Covenants on Human Rights,the exercise of their inalienable right to full sovereignty over all theirnatural wealth and resources.

Article 2 [human person central subject of development]1. The human person is the central subject of development and should

be the active participant and beneficiary of the right to development.2. All human beings have a responsibility for development,

individually and collectively, taking into account the need for full respectof their human rights and fundamental freedoms as well as their dutiesto the community, which alone can ensure the free and completefulfilment of the human being, and they should therefore promote andprotect an appropriate political, social and economic order fordevelopment.

3. State have the right and the duty to formulate appropriate nationaldevelopment policies that aim at the constant improvement of the well-being of the entire population and of all individuals, on the basis oftheir active, free and meaningful participation in development and inthe fair distribution of the benefits resulting therefrom.

Article 3 [state obligations]1. States have the primary responsibility for the creation of national

and international conditions favourable to the realization of the right todevelopment.

2. The realization of the right to development requires full respectfor the principles of international law concerning friendly relations andco-operation among States in accordance with the Charter of the UnitedNations.

3. States have the duty to co-operate with each other in ensuringdevelopment and eliminating obstacles to development. States shouldfulfil their rights and duties in such a manner as to promote a newinternational economic order based on sovereign equality, interdepen-dence, mutual interest and co-operation among all States, as well as toencourage the observance and realization of human rights.

Article 4 [international development policies]1. States have the duty to take steps, individually and collectively,

to formulate international development policies with a view tofacilitating the full realization of the right to development.

2. Sustained action is required to promote more rapid developmentof developing countries. As a complement to the efforts of developingcountries effective international co-operation is essential in providingthese countries with appropriate means and facilities to foster theircomprehensive development.

1 G.3 DECLARATION ON THE RIGHT TO DEVELOPMENT

-adopted by the General Assembly of the United Nations in resolution 41/128 of 4 December 1986


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Article 5 [elimination of violations of human rights]States shall take resolute steps to eliminate the massive and flagrant

violations of the human rights of peoples and human beings affectedby situations such as those resulting from apartheid, all forms of racismand racial discrimination, colonialism, foreign domination andoccupation, aggression, foreign interference and threats against nationalsovereignty, national unity and territorial integrity, threats of war andrefusal to recognize the fundamental right of peoples to self-determination.

Article 6 [violations of human rights are obstacles to development]1. All States should co-operate with a view to promoting, encouraging

and strengthening universal respect for and observance of all humanrights and fundamental freedoms for all without any distinction as torace, sex, language and religion.

2. All human rights and fundamental freedoms are indivisible andinterdependent; equal attention and urgent consideration should be givento the implementation, promotion and protection of civil, political,economic, social and cultural rights.

3. States should take steps to eliminate obstacles to developmentresulting from failure to observe civil and political rights as well aseconomic, social and cultural rights.

Article 7 [peace and security conducive to development]All States should promote the establishment, maintenance and

strengthening of international peace and security and, to that end, shoulddo the utmost to achieve general and complete disarmament undereffective international control as well as to ensure that the resourcesreleased by effective disarmament measures are used for comprehensivedevelopment, in particular that of the developing countries.


Article 8 [national measures, role of women]1. States should undertake, at the national level, all necessary

measures for the realization of the right to development and shall ensure,inter alia, equality of opportunity for all in their access to basicresources, education, health services, food, housing, employment andthe fair distribution of income. Effective measures should be undertakento ensure that women have an active role in the development process.Appropriate economic and social reforms should be made with a viewto eradicating all social injustices.

2. States should encourage popular participation in all spheres as animportant factor in development and in the full realization of all humanrights.

Article 9 [indivisibility of rights]1. All the aspects of the right to development set forth in this

Declaration are indivisible and interdependent and each of them shouldbe considered in the context of the whole.

2. Nothing in this Declaration shall be construed as being contraryto the purposes and principles of the United Nations, or as implyingthat any State, group or person has a right to engage in any activity orto perform any act aimed at the violation of the rights set forth in theUniversal Declaration of Human Rights and in the InternationalCovenants on Human Rights.

Article 10 [positive measures to ensure implementation]Steps should be taken to ensure the full exercise and progressive

enhancement of the right to development, including the formulation,adoption and implementation of policy, legislative and other measuresat the national and international levels.

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The General Assembly,Reaffirming the importance of the observance of the purposes and

principles of the Charter of the United Nations for the promotion andprotection of all human rights and fundamental freedoms for all personsin all countries of the world,

Reaffirming also the importance of the Universal Declaration ofHuman Rights2 and the International Covenants on Human RightsResolution 2200 A (XXI), annex. as basic elements of internationalefforts to promote universal respect for and observance of human rightsand fundamental freedoms and the importance of other human rightsinstruments adopted within the United Nations system, as well as thoseat the regional level,

Stressing that all members of the international community shall fulfil,jointly and separately, their solemn obligation to promote and encouragerespect for human rights and fundamental freedoms for all withoutdistinction of any kind, including distinctions based on race, colour,sex, language, religion, political or other opinion, national or socialorigin, property, birth or other status, and reaffirming the particularimportance of achieving international cooperation to fulfil thisobligation according to the Charter,

Acknowledging the important role of international cooperation for,and the valuable work of individuals, groups and associations incontributing to, the effective elimination of all violations of humanrights and fundamental freedoms of peoples and individuals, includingin relation to mass, flagrant or systematic violations such as thoseresulting from apartheid, all forms of racial discrimination, colonialism,foreign domination or occupation, aggression or threats to nationalsovereignty, national unity or territorial integrity and from the refusalto recognize the right of peoples to self-determination and the right ofevery people to exercise full sovereignty over its wealth and naturalresources,

Recognizing the relationship between international peace and securityand the enjoyment of human rights and fundamental freedoms, andmindful that the absence of international peace and security does notexcuse non-compliance,

Reiterating that all human rights and fundamental freedoms areuniversal, indivisible, interdependent and interrelated and should bepromoted and implemented in a fair and equitable manner, withoutprejudice to the implementation of each of those rights and freedoms,

Stressing that the prime responsibility and duty to promote and protecthuman rights and fundamental freedoms lie with the State,

Recognizing the right and the responsibility of individuals, groupsand associations to promote respect for and foster knowledge of humanrights and fundamental freedoms at the national and international levels,

Declares:

Article 1 [right to promote human rights]Everyone has the right, individually and in association with others,

to promote and to strive for the protection and realization of humanrights and fundamental freedoms at the national and international levels.

Article 2 [responsibility of states to promote human rights]1. Each State has a prime responsibility and duty to protect, promote

and implement all human rights and fundamental freedoms, inter alia,by adopting such steps as may be necessary to create all conditionsnecessary in the social, economic, political and other fields, as well asthe legal guarantees required to ensure that all persons under itsjurisdiction, individually and in association with others, are able toenjoy all those rights and freedoms in practice.

2. Each State shall adopt such legislative, administrative and othersteps as may be necessary to ensure that the rights and freedoms referredto in the present Declaration are effectively guaranteed.

Article 3 [human rights promotion to be lawful]Domestic law consistent with the Charter of the United Nations and

other international obligations of the State in the field of human rightsand fundamental freedoms is the juridical framework within whichhuman rights and fundamental freedoms should be implemented andenjoyed and within which all activities referred to in the presentDeclaration for the promotion, protection and effective realization ofthose rights and freedoms should be conducted.

Article 4 [prevalence of best standards]Nothing in the present Declaration shall be construed as impairing

or contradicting the purposes and principles of the Charter of the UnitedNations or as restricting or derogating from the provisions of theUniversal Declaration of Human Rights, the International Covenantson Human Rights, and other international instruments and commitmentsapplicable in this field.

Article 5 [right to association and assembly]For the purpose of promoting and protecting human rights and

fundamental freedoms, everyone has the right, individually and inassociation with others, at the national and international levels:a) To meet or assemble peacefully;b) To form, join and participate in non-governmental organizations,associations or groups;c) To communicate with non-governmental or intergovernmentalorganizations.

Article 6 [freedom of information, opinion and expression]Everyone has the right, individually and in association with others:

a) To know, seek, obtain, receive and hold information about all humanrights and fundamental freedoms, including having access toinformation as to how those rights and freedoms are given effect indomestic legislative, judicial or administrative systems;b) As provided for in human rights and other applicable internationalinstruments, freely to publish, impart or disseminate to others views,information and knowledge on all human rights and fundamentalfreedoms;c) To study, discuss, form and hold opinions on the observance, bothin law and in practice, of all human rights and fundamental freedomsand, through these and other appropriate means, to draw public attentionto those matters.

Article 7 [right to advocacy]Everyone has the right, individually and in association with others,

to develop and discuss new human rights ideas and principles and toadvocate their acceptance.

Article 8 [right to participation in government]1. Everyone has the right, individually and in association with others,

to have effective access, on a non-discriminatory basis, to participationin the government of his or her country and in the conduct of publicaffairs.

2. This includes, inter alia, the right, individually and in associationwith others, to submit to governmental bodies and agencies andorganizations concerned with public affairs criticism and proposals forimproving their functioning and to draw attention to any aspect of theirwork that may hinder or impede the promotion, protection andrealization of human rights and fundamental freedoms.

Article 9 [right to an effective remedy and a fair trial]1. In the exercise of human rights and fundamental freedoms,

including the promotion and protection of human rights as referred toin the present Declaration, everyone has the right, individually and inassociation with others, to benefit from an effective remedy and to beprotected in the event of the violation of those rights.

1 G.4 DECLARATION ON THE RIGHT AND RESPONSIBILITY OF INDIVIDUALS, GROUPS ANDORGANS OF SOCIETY TO PROMOTE AND PROTECT UNIVERSALLY RECOGNIZED HUMANRIGHTS AND FUNDAMENTAL FREEDOMS

-General Assembly resolution 53/144 Adopted at 85th plenary meeting 9 December 1998

1 G.4 DECLARATION ON THE RIGHT AND RESPONSIBILITY OF INDIVIDUALS, GROUPS AND ORGANS OF SOCIETY TO PROMOTE AND PROTECT UNIVERSALLY RECOGNIZED HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

102 1 G.4 DECLARATION ON THE RIGHT AND RESPONSIBILITY OF INDIVIDUALS, GROUPS AND ORGANS OF SOCIETY TO PROMOTE AND PROTECT UNIVERSALLY RECOGNIZED HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. To this end, everyone whose rights or freedoms are allegedlyviolated has the right, either in person or through legally authorizedrepresentation, to complain to and have that complaint promptlyreviewed in a public hearing before an independent, impartial andcompetent judicial or other authority established by law and to obtainfrom such an authority a decision, in accordance with law, providingredress, including any compensation due, where there has been aviolation of that person’s rights or freedoms, as well as enforcement ofthe eventual decision and award, all without undue delay.

3. To the same end, everyone has the right, individually and inassociation with others, inter alia:a) To complain about the policies and actions of individual officialsand governmental bodies with regard to violations of human rights andfundamental freedoms, by petition or other appropriate means, tocompetent domestic judicial, administrative or legislative authoritiesor any other competent authority provided for by the legal system ofthe State, which should render their decision on the complaint withoutundue delay;b) To attend public hearings, proceedings and trials so as to form anopinion on their compliance with national law and applicableinternational obligations and commitments;c) To offer and provide professionally qualified legal assistance orother relevant advice and assistance in defending human rights andfundamental freedoms.

4. To the same end, and in accordance with applicable internationalinstruments and procedures, everyone has the right, individually andin association with others, to unhindered access to and communicationwith international bodies with general or special competence to receiveand consider communications on matters of human rights andfundamental freedoms.

5. The State shall conduct a prompt and impartial investigation orensure that an inquiry takes place whenever there is reasonable groundto believe that a violation of human rights and fundamental freedomshas occurred in any territory under its jurisdiction.

Article 10 [prohibition of participation in violations]No one shall participate, by act or by failure to act where required,

in violating human rights and fundamental freedoms and no one shallbe subjected to punishment or adverse action of any kind for refusingto do so.

Article 11 [professional conduct]Everyone has the right, individually and in association with others,

to the lawful exercise of his or her occupation or profession. Everyonewho, as a result of his or her profession, can affect the human dignity,human rights and fundamental freedoms of others should respect thoserights and freedoms and comply with relevant national and internationalstandards of occupational and professional conduct or ethics.

Article 12 [right to protection of exercise of rights]1. Everyone has the right, individually and in association with others,

to participate in peaceful activities against violations of human rightsand fundamental freedoms.

2. The State shall take all necessary measures to ensure the protectionby the competent authorities of everyone, individually and in associationwith others, against any violence, threats, retaliation, de facto or dejure adverse discrimination, pressure or any other arbitrary action as aconsequence of his or her legitimate exercise of the rights referred toin the present Declaration.

3. In this connection, everyone is entitled, individually and inassociation with others, to be protected effectively under national lawin reacting against or opposing, through peaceful means, activities andacts, including those by omission, attributable to States that result inviolations of human rights and fundamental freedoms, as well as actsof violence perpetrated by groups or individuals that affect theenjoyment of human rights and fundamental freedoms.

Article 13 [right to solicit support in human rights promotion]Everyone has the right, individually and in association with others,

to solicit, receive and utilize resources for the express purpose ofpromoting and protecting human rights and fundamental freedomsthrough peaceful means, in accordance with article 3 of the presentDeclaration.

Article 14 [state obligations]1. The State has the responsibility to take legislative, judicial,

administrative or other appropriate measures to promote theunderstanding by all persons under its jurisdiction of their civil, political,economic, social and cultural rights.

2. Such measures shall include, inter alia:a) The publication and widespread availability of national laws andregulations and of applicable basic international human rightsinstruments;b) Full and equal access to international documents in the field ofhuman rights, including the periodic reports by the State to the bodiesestablished by the international human rights treaties to which it is aparty, as well as the summary records of discussions and the officialreports of these bodies.

3. The State shall ensure and support, where appropriate, the creationand development of further independent national institutions for thepromotion and protection of human rights and fundamental freedomsin all territory under its jurisdiction, whether they be ombudsmen,human rights commissions or any other form of national institution.

Article 15 [state to promote teaching of human rights]The State has the responsibility to promote and facilitate the teaching

of human rights and fundamental freedoms at all levels of educationand to ensure that all those responsible for training lawyers, lawenforcement officers, the personnel of the armed forces and publicofficials include appropriate elements of human rights teaching in theirtraining programme.

Article 16 [role of non-state institutions in human rights]Individuals, non-governmental organizations and relevant institutions

have an important role to play in contributing to making the publicmore aware of questions relating to all human rights and fundamentalfreedoms through activities such as education, training and research inthese areas to strengthen further, inter alia, understanding, tolerance,peace and friendly relations among nations and among all racial andreligious groups, bearing in mind the various backgrounds of thesocieties and communities in which they carry out their activities.

Article 17 [lawful limitations]In the exercise of the rights and freedoms referred to in the present

Declaration, everyone, acting individually and in association withothers, shall be subject only to such limitations as are in accordancewith applicable international obligations and are determined by lawsolely for the purpose of securing due recognition and respect for therights and freedoms of others and of meeting the just requirements ofmorality, public order and the general welfare in a democratic society.

Article 18 [duties]1. Everyone has duties towards and within the community, in which

alone the free and full development of his or her personality is possible.2. Individuals, groups, institutions and non-governmental

organizations have an important role to play and a responsibility insafeguarding democracy, promoting human rights and fundamentalfreedoms and contributing to the promotion and advancement ofdemocratic societies, institutions and processes.

3. Individuals, groups, institutions and non-governmentalorganizations also have an important role and a responsibility incontributing, as appropriate, to the promotion of the right of everyoneto a social and international order in which the rights and freedoms setforth in the Universal Declaration of Human Rights and other humanrights instruments can be fully realized.

Article 19 [no destruction of rights and freedoms]Nothing in the present Declaration shall be interpreted as implying

for any individual, group or organ of society or any State the right toengage in any activity or to perform any act aimed at the destruction ofthe rights and freedoms referred to in the present Declaration.

Article 20 [no support for activities contrary to the UN Charter]Nothing in the present Declaration shall be interpreted as permitting

States to support and promote activities of individuals, groups ofindividuals, institutions or non-governmental organizations contraryto the provisions of the Charter of the United Nations.

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The International Conference on Human Rights,[ . . ]Solemnly proclaims that:

1. It is imperative that the member of the international communityfulfil their solemn obligations to promote and encourage respect forhuman rights and fundamental freedoms for all without distinctions ofany kind such as race, colour, sex, language, religion, political or otheropinions;

2. The Universal Declaration of Human Rights states a commonunderstanding of the peoples of the world concerning the inalienableand inviolable rights of all members of the human family and constitutesan obligation for the members of the international community;

3. The International Covenant on Civil an Political Rights, theInternational Covenant on Economic, Social and Cultural Rights, theDeclaration on the Granting of Independence to Colonial Countries anPeoples, the International Convention on the Elimination of All Formsof Racial Discrimination, as well as other conventions and declarationsin the field of human rights adopted under the auspices of the UnitedNations, the specialized agencies and the regional inter-governmentalorganizations, have created new standards and obligation to which Statesshould conform;

4. Since the adoption of the Universal Declaration of Human Rightsthe United Nations has made substantial progress in defining standardsfor the enjoyment and protection of human rights and fundamentalfreedoms. During this period many important international instrumentswere adopted, but mich remains to be done in regard to theimplementation of those rights and freedoms;

5. The primary aim of the United Nations in the sphere of humanrights is the achievement by individual of the maximum freedom ofdignity.

6. States should reaffirm their determination effectively to enforcethe principles enshrined in the Charter of the United Nations and inother international instruments that concern human rights andfundamental freedoms;

7. Gross denials of human rights under the repugnant police ofapartheid is matter of the gravest concern tot the internationalcommittee. this police of apartheid, condemned as a crime againsthumanity, continues seriously to disturb international peace and security.It is therefore imperative for the international community to use verypossible means to eradicate this evil. The struggle against apartheid isrecognized as legitimate;

8. The peoples of the world must be made file aware of the evils ofracial discrimination and must join in combating them. Theimplementation of this principle of non-discrimination, embodied inthe Charter of the United Nations, the Universal Declaration of HumanRights, and other international instruments in the field of human rights,constitutes a most urgent task of mankind, at the international as wellas at the national level. All ideologies based on racial superiority andintolerance must be condemned and resisted;

9. Eight years after the General Assembly’s Declaration on theGranting of Independence to Colonial Countries and Peoples theproblems of colonialism continue to preoccupy the internationalcommunity. It is a matter of urgency that all Member States should co-operate with the appropriate organs of the United Nations so thateffective measures be taken to ensure that the Declaration is fullyimplemented;

10. Massive denials of human rights, arising out of aggression orany armed conflict with their tragic consequences, and resulting in

untold human misery, engender reactions which could engulf the worldin ever growing hostilities. It is the obligation of the internationalcommunity to co-operate in eradicating such scourges;

11. Gross denial of human rights arising from discrimination ongrounds of race, religion, belief or expressions of opinion outrage theconscience of mankind and endanger the foundations of freedom, justiceand peace in the world;

12. The widening gap between the economically developed anddeveloping countries impedes the realization of human rights in theinternational community. The failure of the Development Decade toreach its modest objectives makes it all the more imperative for everynation, according to its capacities, to the maximum possible effort toclose this gap;

13. Since human rights and fundamental freedoms are indivisible,the full realization of civil and political rights without the enjoymentof economic, social and cultural rights, is impossible. The achievementof lasting progress in the implementation of human rights is dependentupon sound and effective national and international polices of economicand social development;

14. The existence of over seven hundred million illiterates throughoutthe world is an enormous obstacle to all efforts at realizing the aimsand purposes of the Charter of the United Nations and the provisionsof the Universal Declaration of Human Rights. International actionsaimed at eradicating illiteracy from the face of the earth and promotingeducation at all levels requires urgent attention.

15. The discrimination of which women are still victims in variousregions of the would must be eliminate. An inferior status for womenis contrary to the Charter of the United Nations as well as the provisionsof the Universal Declaration of Human Rights. The full implementationof the Declaration on the Elimination of All Forms of DiscriminationAgainst Women is a necessity for the progress of mankind;

16. The protection of the family and of the child remains the concernof the international community. Parents have a basic human rights todetermine freely and responsible the number and the spacing of theirchildren;

17. The aspirations of the younger generation for a better world,which human rights and fundamental freedoms are fully implemented,must be given the highest encouragement. It is imperative that youthparticipate in shaping the future of mankind;

18. While recent scientific discoveries and technological advanceshave opened vast prospects for economic, social and cultural progress,such developments may nevertheless endanger the rights and freedomsof individuals and will require continuing attention;

19. Disarmament would release immense human and materialresources now devoted to military purposes. These resources shouldbe used for the promotion of human rights and fundamental freedoms.General and complete disarmament is one of the highest aspirations ofall peoples;

Therefore, The International Conference of Human Rights1. Affirming its faith in the principles of the Universal Declaration

of Human Rights and other international instruments in this field;2. Urges all peoples and governments to dedicate themselves to the

principles enshrined in the Universal Declaration of Human Rights andto redouble their efforts to provide for all human beings a life consonantwith freedom and dignity and conducive to physical, mental, socialand spiritual welfare.

1 G.5 PROCLAMATION OF TEHERAN

-adopted by the World Conference of Human Rights, held in Teheran from 22 April to 13 May 1968

1 G.5 PROCLAMATION OF TEHERAN

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The World Conference on Human Rights,Considering that the promotion and protection of human rights is a

matter of priority for the international community, and that theConference affords a unique opportunity to carry out a comprehensiveanalysis of the international human rights system and of the machineryfor the protection of human rights, in order to enhance and thus promotea fuller observance of those rights, in a just and balanced manner,

Recognizing and affirming that all human rights derive from thedignity and worth inherent in the human person, and that the humanperson is the central subject of human rights and fundamental freedoms,and consequently should be the principal beneficiary and shouldparticipate actively in the realization of these rights and freedoms,

Reaffirming their commitment to the purposes and principlescontained in the Charter of the United Nations and the UniversalDeclaration on Human Rights,

Reaffirming the commitment contained in article 56 of the UnitedNations Charter to take joint and separate action, placing properemphasis on developing effective international cooperation for therealization of the purposes set out in article 55, including universalrespect for, and observance of, human rights and fundamental freedomsfor all,

Emphasizing the responsibilities of all States, in conformity withthe Charter of the United Nations, to develop and encourage respectfor human rights and fundamental freedoms for all, without distinctionas to race, sex, language or religion,

Recalling the preamble to the Charter of the United Nations, inparticular the determination to reaffirm faith in fundamental humanrights, in the dignity and worth of the human person, and in the equalrights of men and women and of nations large and small,

Recalling also the determination expressed in the preamble of theUnited Nations Charter to save succeeding generations from the scourgeof war, to establish conditions under which justice and respect forobligations arising from treaties and other sources of international lawcan be maintained, to promote social progress and better standards oflife in larger freedom, to practice tolerance and good neighbourliness,and to employ international machinery for the promotion of theeconomic and social advancement of all peoples,

Emphasizing that the Universal Declaration of Human Rights, whichconstitutes a common standard of achievement for all peoples and allnations, is the source of inspiration and has been the basis for the UnitedNations in making advances in standard setting as contained in theexisting international human rights instruments, in particular theInternational Covenant on Civil and Political Rights and theInternational Covenant on Economic, Social and Cultural Rights,

Considering the major changes taking place on the international sceneand the aspirations of all peoples for an international order based onthe principles enshrined in the United Nations Charter, includingpromoting and encouraging respect for human rights and fundamentalfreedoms for all and respect for the principle of equal rights and self-determination of peoples, on peace, democracy, justice, equality, ruleof law, pluralism, development, better standards of living and solidarity,

Deeply concerned by various forms of discrimination and violence,to which women continue to be exposed all over the world,

Recognizing that the activities of the United Nations in the field ofhuman rights should be rationalized and enhanced in order to strengthenthe United Nations machinery in this field and to further the objectivesof universal respect for observance of international human rightsstandards,

Having taken into account the Declaration adopted by the threeregional meetings at Tunis, San JosÈ contributions made byGovernments, and bearing in mind the suggestions made byintergovernmental and non-governmental organizations, as well as thestudies prepared by independent experts during the preparatory processleading to the World Conference on Human Rights,

Welcoming the International Year of the World’s Indigenous Peoplein 1993 as a reaffirmation of the commitment of the internationalcommunity to ensure their enjoyment of all human rights andfundamental freedoms and to respect the value and diversity of theircultures and identities,

Recognizing also that the international community should deviseways and means to remove the current obstacles and meet challengesto the full realization of all human rights and to prevent the continuationof human rights violations resulting thereof throughout the world,

Invoking the spirit of our age and the realities of our time which callupon the peoples of the world and all States Members of the UnitedNations to rededicate themselves to the global task of promoting andprotecting all human rights and fundamental freedoms so as to securefull and universal enjoyment of these rights,

Determined to take new steps forward in the commitment of theinternational community with a view to achieving substantial progressin human rights endeavours by an increased and sustained effort ofinternational cooperation and solidarity,

Solemnly adopts the Vienna Declaration and Programme of Action:

I [PRINCIPLES][universality]1. The World Conference on Human Rights reaffirms the solemncommitment of all States to fulfil their obligations to promote universalrespect for, and observance and protection of all human rights andfundamental freedoms for all in accordance with the charter of theUnited Nations, other instruments relating to human rights, andinternational law. The universal nature of these rights and freedoms isbeyond question.

In this framework, enhancement of international cooperation in thefield of human rights is essential for the full achievement of the purposesof the United Nations.

Human rights and fundamental freedoms are the birthright of allhuman beings; their promotion and protection is the first responsibilityof Governments.

[self-determination]2. All peoples have the right of self-determination. By virtue of thatright they freely determine their political status, and freely pursue theireconomic, social and cultural development.

Taking into account the particular situation of peoples under colonialor other forms of alien domination or foreign occupation, the WorldConference on Human Rights recognizes the right of peoples to takeany legitimate action, in accordance with the Charter of the UnitedNations, to realize their inalienable right of self-determination. TheWorld Conference on Human Rights considers the denial of the rightof self-determination as a violation of human rights and underlines theimportance of the effective realization of this right.

In accordance with the 1970 Declaration on Principles ofInternational Law Concerning Friendly Relations and CooperationAmong States in Accordance with the charter of the United Nations,this shall not be construed as authorizing or encouraging any actionwhich would dismember or impair, totally or in part, the territorialintegrity or political unity of sovereign and independent Statesconducting themselves in compliance with the principle of equal rightsand self-determination of peoples and thus possessed of a Governmentrepresenting the whole people belonging to the territory withoutdistinction of any kind.

[special protection measures]3. Effective international measures to guarantee and monitor theimplementation of human rights standards should be taken in respectof people under foreign occupation, and effective legal protection

1 G.6 VIENNA DECLARATION AND PROGRAMME OF ACTION

-adopted by the 171 countries participating in the World Conference on Human Rights, held in Vienna from 14 Juneuntil 25 June 1993-excerpts. Declaration: §39; Programme of Action: §100.


105

against violation of their human rights should be provided, in accordancewith human rights norms and international law, particularly the GenevaConvention relative to the Protection of Civilian Persons in Time ofWar, of 14 August 1949, and to other applicable norms of humanitarianlaw.

[priority and legitimate concern]4. The promotion and protection of all human rights and fundamentalfreedoms must be considered as a priority objective of the UnitedNations in accordance with its purposes and principles, in particularthe purpose of international cooperation. In the framework of thesepurposes and principles, the promotion and protection of all humanrights is a legitimate concern of the international community. The organsand specialized agencies related to human rights should therefore furtherenhance the coordination of their activities based on the consistent andobjective application of international human rights instruments.

[universal, indivisible and interdependent]5. All human rights are universal, indivisible and interdependent andinter-related. The international community must treat human rightsglobally in a fair and equal manner, on the same footing, and with thesame emphasis. While the significance of national and regionalparticularities and various historical, cultural and religious backgroundsmust be borne in mind, it is the duty of states, regardless of their political,economic and cultural systems, to promote and protect all human rightsand fundamental freedoms.

[peaceful and friendly relations]6. The efforts of the United Nations system, towards the universalrespect for, and observance of, human rights and fundamental freedomsfor all, contribute to the stability and well-being necessary for peacefuland friendly relations among nations, and to improved conditions forpeace and security as well as social and economic development, inconformity with the United Nations Charter.

[purposes and principles of the UN Charter]7. The processes of promoting and protecting human rights, should beconducted in conformity with the purposes and principles of the UnitedNations Charter, and international law.

[democracy, development and human rights]8. Democracy, development and respect for human rights andfundamental freedoms are interdependent and mutually reinforcing.Democracy is based on the freely expressed will of the people todetermine their own political, economic, social and cultural systemsand their full participation in all aspects of their lives. In the context ofthe above, the promotion and protection of human rights andfundamental freedoms at the national and international level should beuniversal and conducted without conditions attached. The internationalcommunity should support the strengthening and promoting democracy,development and respect for human rights and fundamental freedomsin the entire world.

[support to least developed countries]9. The World Conference on Human Rights reaffirms that leastdeveloped countries committed to the process of democratization andeconomic reforms, many of which are in Africa, should be supportedby the international community in order to succeed in their transitionto democracy and economic development.

[right to development]10. 1. The World Conference on Human Rights reaffirms the right todevelopment, as established in the Declaration on the Right toDevelopment, as a universal and inalienable right and an integral partof fundamental human rights.

2. As stated in the Declaration on the Right to Development, thehuman person is the central subject of development.

3. While development facilitates the enjoyment of all human rights,the lack of development may not be invoked to justify the abridgementof internationally recognized human rights.

4. States should cooperate with each other in ensuring developmentand eliminating obstacles to development. The international communityshould promote an effective international cooperation for the realization

of the right to development and the elimination of obstacles todevelopment.

5. Lasting progress towards the implementation of the right todevelopment requires effective development policies at the nationallevel, as well as equitable economic relations and a favourable economicenvironment at the international level.

[developmental and environmental needs of future generations]11. The right to development should be fulfilled so as to meet equitablythe developmental and environmental needs of present and futuregenerations. The World Conference on Human Rights recognizes thatillicit dumping of toxic and dangerous substances and waste potentiallyconstitutes a serious threat to the human rights to life and health ofeveryone.

Consequently the World Conference on Human Rights calls on allStates to adopt and vigorously implement existing conventions relatingto the dumping of toxic and dangerous products and waste and tocooperate in the prevention of illicit dumping.

Everyone has the right to enjoy the benefits of scientific progressand its applications. The World Conference notes that certain advances,notably in the biomedical and life sciences as well as in informationtechnology, may have potentially adverse consequences for the integrity,dignity and human rights of the individual, and calls for internationalcooperation to ensure that human rights and dignity are fully respectedin this area of universal concern.

[external debt burden]12. The World Conference calls upon the international community tomake all efforts to help alleviate the external debt burden of developingcountries, in order to supplement the efforts of the governments of suchcountries to attain the full realization of the economic, social and culturalrights of their people.

[favourable conditions]13. There is a need for states and international organizations, incooperation with Non-Governmental Organizations, to create favourableconditions at the national, regional and international level to ensurethe full and effective enjoyment of human rights. States should eliminateall violations of human rights and their causes, as well as obstacles tothe enjoyment of these rights.

[extreme poverty]14. The existence of widespread extreme poverty inhibits the full andeffective enjoyment of human rights; its immediate alleviation andeventual elimination must remain a high priority for the internationalcommunity.

[racism and racial discrimination, xenophobia]15. Respect for human rights and four fundamental freedoms withoutdistinction of any kind is a fundamental rule of international humanrights law. The speedy and comprehensive elimination of all forms ofracism and racial discrimination, xenophobia and related intolerance isa priority task for the international community. Governments shouldtake effective measures to prevent and combat them. Groups,institutions, intergovernmental and non-governmental organizations andindividuals are urged to intensify their efforts in cooperating andcoordinating their activities against these evils.

[apartheid]16. The World Conference welcomes the progress made in dismantlingapartheid and calls upon the international community and the UnitedNations system to assist in this process.

The World Conference also deplores the continuing acts of violenceaimed at undermining the quest for a peaceful dismantling of apartheid.

[terrorism]17. The acts, methods and practices of terrorism in all its forms andmanifestations as well as linkage in some countries to drug traffickingare activities aimed at the destruction of human rights, fundamentalfreedoms and democracy, threatening territorial integrity, security ofStates and destabilizing legitimately constituted governments. Theinternational community should take the necessary steps to enhancecooperation to prevent and combat terrorism.


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[human rights of women]18. The human rights of women and of the girl-child are an inalienable,integral and indivisible part of universal human rights. The full andequal participation of women in the political, civil, economic, socialand cultural life, at the national, regional and international levels, andthe eradication of all forms of discrimination on grounds of sex arepriority objectives of the international community.

Gender-based violence and all forms of sexual harassment andexploitation, including those resulting from cultural prejudice andinternational trafficking are incompatible with the dignity and worthof the human person, and must be eliminated. This can be achieved bylegal measures and through national action and international cooperationin such fields as economic and social development, education, safematernity and health care, and social support.

The human rights of women should form an integral part of the UnitedNations human rights activities including the promotion of all humanrights instruments relating to women.

The World Conference urges governments, institutions, intergov-ernmental and non-governmental organizations to intensify their ef-forts for the protection and promotion of human rights of women andthe girl-child.

[rights of persons belonging to minorities]19. Considering the importance of the promotion and protection of therights of persons belonging to minorities and the contribution of suchpromotion and protection to the political and social stability of the Statesin which such persons live;

The World Conference on Human Rights reaffirms the obligationof States to ensure that persons belonging to minorities may exercisefully and effectively all human rights and fundamental freedoms withoutany discrimination and in full equality before the law in accordancewith the United Nations Declaration on the Rights of Persons Belongingto the National or Ethnic, Religious and Linguistic Minorities.

The persons belonging to minorities have the right to enjoy theirown culture, to profess and practise their own religion and to use theirown language in private and in public, freely and without, interferenceor any form of discrimination.

[rights of indigenous people]20. The World Conference recognizes the inherent dignity and theunique contribution of indigenous people to the development andplurality of society and strongly reaffirms the commitment of theinternational community to their economic, social and cultural well-being and their enjoyment of the fruits of sustainable development.States should ensure the full and free participation of indigenous peoplein all aspects of society, in particular in matters of concern to them.Considering the importance of the promotion and protection of the rightsof indigenous people, and the contribution of such promotion andprotection to the political and social stability of the States in whichsuch people live, States should, in accordance with international law,take concerted positive steps to ensure respect for all human rights andfundamental freedoms of indigenous people, on the basis of equalityand non-discrimination and recognize the value and diversity of theirdistinct identities, cultures and social organization.

[rights of the child]21. The World Conference, welcoming the early ratification of theConvention on the Rights of the Child by a large number of States andnoting the recognition of the human rights of children in the Declarationand Plan of Action adopted by the World Summit, urges universalratification of the Convention by 1995 and its effective implementationby States Parties through the adoption of all the necessary legislative,administrative and other measures and the allocation to the maximumextent of the available resources. In all actions concerning children,non discrimination and the best interest of the child should be primaryconsiderations and the views of the child given due weight. Nationaland international mechanisms and programmes should be strengthenedfor the defence and protection of children, in particular, the girl -child,abandoned children, street children, economically and sexually-exploited children, including through child pornography, childprostitution or sale of organs, children victims of diseases includingAIDS, refugee and displaced children, children in detention, childrenin armed conflict, as well as children victims of famine and droughtand other emergencies. International cooperation and solidarity should

be promoted to support the implementation of the Convention and therights of the child should be a priority in the United Nations system-wide action on human rights.

The World Conference also stresses that the child for the full andharmonious development of his or her personality should grow up in afamily environment which accordingly merits broader protection.

[rights of disabled persons]22. Special attention needs to be paid to ensuring non-discrimination,and the equal enjoyment of all human rights and fundamental freedomsby disabled persons, including their active participation in all aspectsof society.

[rights of refugees and other displaced persons]23. The World Conference on Human Rights reaffirms that everyone,without distinction of any kind, is entitled to the right to seek and toenjoy in other countries asylum from persecution, as well as the rightto return to one’s own country. In this respect it stresses the importanceof the Universal Declaration of Human Rights, the 1951 Conventionrelating to the Status of Refugees, its 1967 Protocol and regionalinstruments. It expresses its appreciation to States that continue toadmit and host large numbers of refugees in their territories, and to theOffice of the United Nations High Commissioner for Refugees for itsdedication to its task. It also expresses its appreciation to the Office ofthe United Nations Relief and Works Agency for Palestine Refugees inthe Near East.

The World Conference on Human Rights recognizes that grossviolations of human rights, including in armed conflicts, are amongthe multiple and complex factors leading to displacement of people.

The World Conference on Human Rights recognizes that, in viewof the complexities of the global refugee crisis and in accordance withthe Charter of the United Nations, relevant international instrumentsand international solidarity and in the spirit of burden-sharing, acomprehensive approach by the international community is needed incoordination and cooperation with the countries concerned and relevantorganizations, bearing in mind the mandate of the UNHCR. This shouldinclude the development of strategies to address the root causes andeffects of movements of refugees and other displaced persons, thestrengthening of emergency preparedness and response mechanisms,the provision of effective protection and assistance, bearing in mindthe special needs of women and children, as well as the achievement ofdurable solutions, primarily through the preferred solution of dignifiedand safe voluntary repatriation, including solutions such as thoseadopted by the international refugee conferences. The WorldConference on Human Rights underlines the responsibilities of States,particularly as it relates to the countries of origin. In the light of thecomprehensive approach, the World Conference on Human Rightsemphasizes the importance of giving special attention including throughintergovernmental and humanitarian organizations and finding lastingsolutions to questions related to internally displaced persons includingtheir voluntary and safe return and rehabilitation.

In accordance with the Charter of the United Nations and theprinciples of humanitarian law, it further emphasizes the importance ofand the need for humanitarian assistance to victims of all natural andman-made disasters.

[rights of vulnerable groups]24. Great importance must be given to the promotion and protectionof the human rights of persons belonging to groups which have beenrendered vulnerable, including migrant workers, the elimination of allforms of discrimination against them, and the strengthening and moreeffective implementation of existing human rights instruments. Stateshave an obligation to create and maintain adequate measures at thenational level, in particular in the fields of education, health and socialsupport, for the promotion and protection of the rights of persons invulnerable sectors of their populations and to ensure the participationof those among them who are interested in finding a solution to theirown problems.

[extreme poverty and social exclusion]25. The World Conference affirms that extreme poverty and socialexclusion constitute a violation of human dignity and that urgent stepsare necessary to achieve better knowledge of extreme poverty and itscauses, including those related to the problem of development, in order


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to promote the human rights of the poorest, and to put an end to extremepoverty and social exclusion and to promote the enjoyment of the fruitsof social progress. It is essential for States to foster participation bythe poorest people in the decision-making process by the communityin which they live, the promotion of human rights and efforts to combatextreme poverty.

[codification and ratification of human rights instruments]26. The World Conference welcomes the progress made in thecodification of human rights instruments which is a dynamic andevolving process and urges the universal ratification of human rightstreaties. All States are encouraged to accede to these internationalinstruments; all States are encouraged to avoid, as far as possible, theresort to reservations.

[effective remedies]27. Every State should provide an effective framework of remedies toredress human rights grievances or violations. The administration ofjustice, including law enforcement and prosecutorial agencies and,specially, an independent judiciary and legal profession in fullconformity with applicable standards contained in international humanrights instruments, are essential to the full and non-discriminatoryrealization of human rights and indispensable to the processes ofdemocracy and sustainable development. In this context, institutionsconcerned with the administration of justice should be properly funded,and an increased level of both technical and financial assistance shouldbe provided by the international community. It is incumbent upon theUnited Nations to make use of special programmes of advisory serviceson a priority basis for the achievement of a strong and independentadministration of justice.

[massive violations]28. The World Conference expresses its dismay at massive violationsof human rights specially in the form of genocide, “ethnic cleansing”and systematic rape of women in war situations, creating mass exodusof refugees and displaced persons. while strongly condemning suchabhorrent practices it reiterates the call that perpetrators of such crimesbe punished and such practices immediately stopped.

[continuing human rights violations]29. The World Conference expresses grave concern about continuinghuman rights violations in all parts of the world in disregard of standardsas contained in international human rights instruments and internationalhumanitarian law and about the lack of sufficient and effective remediesfor the victims.

[gross and systematic violations]30. The World Conference on Human Rights also expresses its dismayand condemnation that gross and systematic violations and situationsthat constitute serious obstacles to the full enjoyment of all human rightscontinue to occur in different parts of the world. Such violations andobstacles include as well as torture and cruel, inhuman and degradingtreatment or punishment, summary and arbitrary executions,disappearances, arbitrary detention, all forms of racism, racialdiscrimination and apartheid, foreign occupation and alien domination,xenophobia, poverty, hunger and other denials of economic, social andcultural rights, religious intolerance, terrorism, discrimination againstwomen and lack of the rule of law.

[universality, objectivity and non-selectivity]32. The World Conference reaffirms the importance of ensuring theuniversality, objectivity and non-selectivity of the consideration ofhuman rights issues.

[human rights education]33. The World Conference reaffirms that States are duty-bound asstipulated in the Universal Declaration of Human Rights and theInternational Covenant on Economic, Social and Cultural Rights andin other international human rights instruments to ensure that educationis aimed at strengthening the respect of human rights and fundamentalfreedoms. The World Conference emphasizes the importance ofincorporating the subject of human rights education programs and calls

upon States to do so. Education should promote understanding,tolerance, peace and friendly relations between the nations and all racialor religious groups and encourage the development of United Nationsactivities in pursuance of these objectives. Therefore education onhuman rights and the dissemination of proper information, boththeoretical and practical, play an important role in the promotion andrespect of human rights with regard to all individuals without distinctionof any kind such as race, sex, language or religion and this should beintegrated in the education policies at national as well as internationallevels. The World Conference notes that resource constraints andinstitutional inadequacies may impede the immediate realization of theseobjectives.

[favourable conditions]34. Increased efforts should be made to assist countries whichrequested, to create the conditions whereby each individual can enjoyuniversal human rights and fundamental freedoms. Governments, theUnited Nations system as well as other multilateral organizations areurged to considerably increase the resources allocated to programsaiming at the establishment and strengthening of: national legislation,national institutions and related infrastructures which uphold the ruleof law and democracy, electoral assistance, human rights awarenessthrough training, teaching and education, popular participation and civilsociety.

The programmes of advisory services and technical cooperationunder the Centre for human rights should be strengthened as well asmade more efficient and transparent and thus become a majorcontribution to improving respect for human rights. States are calledupon to increase their contributions to these programmes, both throughpromoting a larger allocation from the United Nations regular budget,and through voluntary contributions.

[implementation]35. The full and effective implementation of United Nations activitiesto promote and protect human rights must reflect the high importanceaccorded to human rights by the Charter of the United Nations and thedemands of the United Nations human rights activities, as mandatedby member States. To this end, United Nations human rights activitiesshould be provided with increased resources.

[national institutions]36. The World Conference on Human Rights reaffirms the importantand constructive role played by national institutions for the promotionand protection of human rights, in particular in their advisory capacityto the competent authorities, their role in remedying human rightsviolations, in the dissemination of human rights information, andeducation in human rights.

The World Conference on Human Rights encourages the estab-lishment and strengthening of national institutions, having regard tothe “Principles Concerning the Status of National Institutions” and rec-ognizing that it is the right of each State to choose the framework whichis best suited to its particular needs at the national level.

[regional arrangements]37. Regional arrangements play a fundamental role in promoting andprotecting human rights. They should reinforce universal human rightsstandards, as contained in international human rights instruments andtheir protection. The World Conference endorses efforts under way tostrengthen these arrangements and to increase their effectiveness, whileat the same time stressing the importance of cooperation with the UnitedNations human rights activities.

The World Conference reiterates the need to consider the possibilityof establishing regional and sub-regional arrangements for thepromotion and protection of human rights where they do not alreadyexist.

[role of the media]39. Underlining the importance of objective, responsible and impartialinformation about human rights and humanitarian issues, the worldConference encourages the increased involvement of the media, forwhom freedom and protection should be guaranteed within theframework of national law.


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II [PROGRAMME OF ACTION]A. Increased Co-ordination on Human Rights within the United

Nations system.[quality of human rights standards]6. The World Conference, recognizing the need to maintain consistencywith the high quality of existing international standards and to aloudproliferation of human rights instruments, reaffirms the guidelinesrelating to the elaboration of new international instruments containedin General Assembly resolution 41/120 and calls on the United Nationshuman rights bodies, when considering the elaboration of newinternational standards, to keep those guidelines in mind, to consultwith human rights treaty bodies to the necessity for drafting newstandards and to request the Secretariat to carry out technical reviewsof proposed new instruments.

Centre for Human Rights13. The World Conference stresses the importance of strengthening theUnited Nations Centre for Human Rights.

Adaptation and strengthening of the United Nations machinery forhuman rights, including the question of the establishment of aUnited Nations Commissioner for Human Rights17. The World Conference recognizes the necessity for a continuingadaption of the United Nations human rights machinery to the currentand future needs in the promotion and protection of human rights, asreflected in the present Declaration and within the framework of abalanced ad sustainable development for all people. In particular, theUnited Nations human rights organs should improve their coordination,efficiency and effectiveness.

[High Commissioner for Human Rights]18. The World Conference on Human Rights recommends to theGeneral Assembly that when examining the report of the conference atits forty-eight session, it begins as a matter of priority consideration ofthe question of the establishment of a High Commissioner for HumanRights for the promotion and protection of all human rights.

B. Equality, Dignity and Tolerance1. Racism, racial discrimination, xenophobia and other forms of

intolerance.19. The World Conference considers the elimination of racism andracial discrimination, in particular in their institutionalized forms suchas apartheid or resulting from consulting from doctrines of racialsuperiority or exclusivity or contemporary forms and manifestationsof racism, as a primary objective for the international community andworld-wide promotion programme in the field of human rights. UnitedNations organs world-wide promotion programme in the field of humanrights. United nations organs and agencies should strengthen their effortto implement such a programme of action related to the Third Decadeto Combat Racism and Racial Discrimination as well as subsequentmandated to the same end. The World Conference strongly appeals tothe international community to generously contribute to the Trust Fundfor the Programme for the Decade to Combat Racism and RacialDiscrimination.

2. Persons belonging to national or ethnic, religious and linguisticminorities.

25. The World Conference calls on the Commission on Human Rightsto examine ways and means to promote and protect effectively the rightsof persons belonging to minorities as set out in the United nationsDeclaration on the Rights of Persons belonging to National or Ethnic,Religious and Linguistic Minorities. In this context, the WorldConference calls upon the Centre for Human Rights to provide, at therequest of Governments concerned and as part of its programme ofadvisory services and technical assistance, qualified expertise onminority issues and human rights, as well as on the prevention andresolution of disputes, to assist in existing or potential situationsinvolving minorities.

Indigenous People31. The World Conference urges States to ensure the full and freeparticipation of indigenous people in all aspects of society, in particularin matters of concern to them.

Migrant workers33. The World Conference urges all States to guarantee the protectionof the human rights of all migrant workers and their families.

34. The World Conference considers that the relation of conditions tofoster greater harmony and tolerance between migrant workers and therest of the society of the State in which they reside is of particularimportance.

3. The equal status and Human Rights of Women[gender-based violence]38. In particular, the World Conference stresses the importance ofworking towards the elimination of violence against women in publicand private life, the eliminations of all forms of sexual harassment,exploitation and trafficking in women, the elimination of gender biasin the administration of justice and the eradication of any conflicts whichmay arise between the rights of women and the harmful effects of certaintraditional or customary practices, cultural prejudices and religiousextremism. The World Conference call upon the General Assembly toadopt the draft Declaration on Violence Against Women and urges Statesto combat violence against women in accordance with its provisions.Violations of the human rights of women in situations of armed conflictare violations of the fundamental principles of international humanrights and humanitarian law. all violations of this kind, including inparticular murder, systematic rape, sexual slavery, and forced pregnancy,require a particularly effective response.

4. The rights of the Child45. The World Conference reiterates the principles of “First Call forChildren” and, in this respect, underlines the importance of majornational and international efforts especially those of the United NationsChildren’s Fund (UNICEF), for promoting respect for the rights of thechild to survival, protection, development and participation.

5. Freedom from torture56. The World Conference reaffirms that under human rights law andhumanitarian law, freedom from torture is a right which must beprotected under all circumstances, including in times of internal orinternational disturbance or armed conflicts.

[Optional protocol to CAT]61. The World Conference reaffirms that efforts to eradicate tortureshould, first and foremost, be concentrated on prevention and thereforecalls for the early adoption of the Optional Protocol to the Convention,which is intended to establish a preventive system of regular visits toplaces of detention.

Enforced Disappearances62. The World Conference, welcoming the adoption of the Declarationon the Protection of all Persons from Enforced Disappearances, callsupon all States to take effective legislative, administrative, judicial orother measures, to prevent, terminate and punish acts of enforceddisappearances. The World conference reaffirms that it is the duty ofall States, under any circumstances, to make investigations wheneverthere is reason to believe that an enforces disappearance has taken placeon a territory under their jurisdiction and, if allegations are confirmed,to prosecute its perpetrators.

[international criminal court]92. The World Conference on Human Rights recommends that theCommission on Human Rights examine the possibility for betterimplementation of existing human rights instruments at the internationaland regional levels and encourages the International Law Commissionto continue its work on an international criminal court.

F. Follow-up to the World Conference on Human Rights99. The World Conference on Human Rights on Human Rightsrecommends that the General Assembly, the Commission on HumanRights and other organs and agencies of the United Nations systemrelated to human rights consider ways and means for the fullimplementation, without delay, of the recommendations contained inthe present Declaration, including the possibility of proclaiming aUnited Nations decade for human rights. [ . . . ]


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The undersigned Plenipotentiaries of the Governments representedat the Diplomatic Conference held at Geneva from April 21 to August12, 1949, for the purpose of revising the Geneva Convention for theRelief of the Wounded and Sick in Armies in the Field of July 27, 1929,have agreed as follows:

CHAPTER I GENERAL PROVISIONSArticle 1 [respect for the Convention]

The High Contracting undertake to respect and to ensure respect forthe present Convention in all circumstances.

Article 2 [field of application]In addition to the provisions which shall be implemented in

peacetime, the present Convention shall apply to all cases of declaredwar or of any other armed conflict which may arise between two ormore of the High Contracting Parties, even if the state of war is notrecognized by one of them.The Convention shall also apply to all cases of partial or total occupationof the territory of a High Contracting Party, even if the said occupationmeets with no armed resistance.Although one of the Powers in conflict may not be a party to the presentConvention, the Powers who are parties thereto shall remain bound byit in their mutual relations. They shall furthermore be bound by theConvention in relation to the said Power, if the latter accepts and appliesthe provisions thereof.

Article 3 [minimum standards]In the case of armed conflict not of an international character

occurring in the territory of one of the High Contracting Parties, eachParty to the conflict shall be bound to apply, as a minimum, the followingprovisions:

1. Persons taking no active part in the hostilities, including membersof armed forces who have laid down their arms and those placed horsde combat by sickness, wounds, detention, or any other cause, shall inall circumstances be treated humanely, without any adverse distinctionfounded on race, colour, religion or faith, sex, birth or wealth, or anyother similar criteria.To this end, the following acts are and shall remain prohibited at anytime and in any place whatsoever with respect to the above-mentionedpersons:a) violence to life and person, in particular murder of all kinds,mutilation, cruel treatment and torture;b) taking of hostages;c) outrages upon personal dignity, in particular humiliating anddegrading treatment;d) the passing of sentences and the carrying out of executions withoutprevious judgment pronounced by a regularly constituted court,affording all the judicial guarantees which are recognized asindispensable by civilized peoples.

2. The wounded and sick shall be collected and cared for.An impartial humanitarian body, such as the International Committeeof the Red Cross, may offer its services to the Parties to the conflict.The Parties to the conflict should further endeavour to bring into force,by means of special agreements, all or part of the other provisions ofthe present Convention.The application of the preceding provisions shall not affect the legalstatus of the Parties to the conflict.

Article 9 [the International Committee of the Red Cross]The provisions of the present Convention constitute no obstacle to

the humanitarian activities which the International Committee of theRed Cross or any other impartial humanitarian organization may, subjectto the consent of the Parties to the conflict concerned, undertake forthe protection of wounded and sick, medical personnel and chaplains,and for their relief.

CHAPTER II WOUNDED AND SICKArticle 12 [protection and care]

Members of the armed forces and other persons mentioned in thefollowing Article, who are wounded or sick, shall be respected andprotected in all circumstances.They shall be treated humanely and cared for by the Party to the conflictin whose power they may be, without any adverse distinction foundedon sex, race, nationality, religion, political opinions, or any other similarcriteria. Any attempts upon their lives, or violence to their persons,shall be strictly prohibited; in particular, they shall not be murdered orexterminated, subjected to torture or to biological experiments; theyshall not wilfully be left without medical assistance and care, nor shallconditions exposing them to contagion or infection be created.Only urgent medical reasons will authorize priority in the order oftreatment to be administered.Women shall be treated with all consideration due to their sex.The Party to the conflict which is compelled to abandon wounded orsick to the enemy shall, as far as military considerations permit, leavewith them a part of its medical personnel and material to assist in theircare.

CHAPTER III MEDICAL UNITS AND ESTABLISHMENTS

CHAPTER IV PERSONNELArticle 24 [protection of permanent personnel]Medical personnel exclusively engaged in the search for, or thecollection, transport or treatment of the wounded or sick, or in theprevention of disease, staff exclusively engaged in the administrationof medical units and establishments, as well as chaplains attached tothe armed forces, shall be respected and protected in all circumstances.

Article 26 [personnel of aid societies]The staff of National Red Cross Societies and that of other Voluntary

Aid Societies, duly recognized and authorized by their Governments,who may be employed on the same duties as the personnel named inArticle 24, are placed on the same footing as the personnel named inthe said Article, provided that the staff of such societies are subject tomilitary laws and regulations.Each High Contracting Party shall notify to the other, either in time ofpeace or at the commencement of or during hostilities, but in any casebefore actually employing them, the names of the societies which ithas authorized, under its responsibility, to render assistance to the regularmedical service of its armed forces.

CHAPTER V BUILDINGS AND MATERIAL

CHAPTER VI MEDICAL TRANSPORTS

CHAPTER VII THE DISTINCTIVE EMBLEM

CHAPTER VIII EXECUTION OF THE CONVENTION

1 H.1 GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDEDAND SICK IN ARMED FORCES IN THE FIELD (GENEVA CONVENTION I)

-adopted on 12 August 1949 at Geneva by the Diplomatic Conference for the Establishment of InternationalConventions for the Protection of Victims of War

-entered into force on 21 October 1950-ratifications, etc.: 192 as per 15 July 2004-excerpts of 64 articles

1 H.1 GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDEDAND SICK IN ARMED FORCES IN THE FIELD (GENEVA CONVENTION I)

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The undersigned Plenipotentiaries of the Governments representedat the Diplomatic Conference held at Geneva from April 21 to August12, 1949, for the purpose of revising the X th Hague Convention ofOctober, 1907 for the Adaptation to Maritime Warfare of the Principlesof the Geneva Convention of 1906, have agreed as follows:

CHAPTER I GENERAL PROVISIONS[Article 1, 2 and 3 are common to all four conventions. see articles 1, 2and 3 in Geneva Convention I, page 105 of this book]

Article 4 [field of application]In case of hostilities between land and naval forces of Parties to the

conflict, the provisions of the present Convention shall apply only toforces on board ship.Forces put ashore shall immediately become subject to the provisionsof the Geneva Convention for the Amelioration of the Condition of theWounded and Sick in Armed Forces in the Field of August 12, 1949.

Article 5 [role of neutral powers]Neutral Powers shall apply by analogy the provisions of the present

Convention to the wounded, sick and shipwrecked, and to members ofthe medical personnel and to chaplains of the armed forces of the Partiesto the conflict received or interned in their territory, as well as to deadpersons found.

Article 7 [no renunciation of rights by victims]Wounded, sick and shipwrecked persons, as well as members of the

medical personnel and chaplains, may in no circumstances renounce inpart or in entirety the rights secured to them by the present Convention,and by the special agreements referred to in the foregoing Article, ifsuch there be.

CHAPTER II WOUNDED, SICK AND SHIPWRECKEDArticle 12 [protection and care]

Members of the armed forces and other persons mentioned in thefollowing Article, who are at sea and who are wounded, sick orshipwrecked, shall be respected and protected in all circumstances, itbeing understood that the term “Shipwreck” means shipwreck fromany case and includes forced landings at sea by or from aircraft.

Such persons shall be rated humanely and cared for by the Parties tothe conflict in whose power they may be, without any adverse distinctionfounded on sex, race, nationality, religion, political opinions, or anyother similar criteria. Any attempts upon their lives, or violence to theirpersons, shall be strictly prohibited; in particular, they shall not bemurdered or exterminated, subjected to torture or to biologicalexperiments; they shall not wilfully be left without medical assistanceand care, nor shall conditions exposing them to contagion or infectionbe created.

Only urgent medical reasons will authorize priority in the ordertreatment to be administered.

Women shall be treated with all consideration due to their sex.

Article 13 [protected persons]The present convention shall apply to the wounded, sick and

shipwrecked at sea belonging to the following categories.1. Members of the Armed forces of a Party to the conflict, as well

as members of militias or volunteer corps forming part of such forces.

2. Members of other militias and members of other volunteer corps,including those of organized resistance movements, belonging to a Partyto the conflict and operating in or outside their own territory, even ifthis territory is occupied, provided that such militias or volunteer corps,including such organized resistance movements fulfil the followingconditions:a) That of being commanded by a person responsible for hissubordinates;b) That of having a fixed distinctive sign recognizable at a distance;c) That of carrying arms openly;d) That of conducting their operations in accordance with the laws andcustoms of war.

3. Members of regular armed forces who profess allegiance to aGovernment or an authority not recognized by the detaining Power.

4. Persons who accompany the armed forces without actually beingmembers thereof, such as civilian members of military aircraft crews,war correspondents, supply contractors, members of labour units or ofservices responsible for the welfare of the armed forces, provided thatthey have received authorization from the armed forces which theyaccompany.

5. Members of crews, including masters, pilots and apprentices ofthe merchant marine and the crews of civil aircraft of the Parties to theconflict, who do not benefit by more favourable treatment under nayother provisions of international law.

6. Inhabitants of a non-occupied territory who, on the approach ofthe enemy, spontaneously take up arms to resist the invading forces,without having had time to form themselves into regular armed units,provided they carry arms openly and respect the laws and customs ofwar.

Article 14 [situation of surrender]All warships of a belligerent Party shall have the right to demand

that the wounded, sick or shipwrecked on board military hospital ships,and hospital ships belonging to relief societies or to private individuals,as well as merchant vessels, yachts and other craft shall be surrendered,whatever their nationality, provided that the wounded and sick are in afit state to be moved and that the warship can provide adequate facilitiesfor necessary medical treatment.

Article 15 [role of neutral warships]If wounded, sick or shipwrecked persons are taken on board a neutral

warship or a neutral military aircraft, it shall be ensured, where sorequired by international law, that they can take no further part inoperations of war.

Chapter III Hospital Ships

Chapter IV Personnel

Chapter V Medical Transports

Chapter VI The Distinctive Emblem

Chapter VII Execution of the Convention

Chapter VIII Repression of Abuses and Infractions

1 H.2 GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED,SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA(GENEVA CONVENTION II)

-adopted on 12 August 1949 by the Diplomatic Conference for the Establishment of International Conventions forthe Protection of Victims of War, held in Geneva from 21 April to 12 August, 1949-entered into force on 21 October 1950-ratifications, etc.: 192 as per 15 July 2004-excerpts of 63 articles.

1 H.2 GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED,SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA (GENEVA CONVENTION II)

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The undersigned, Plenipotentiaries of the Governments representedat the Diplomatic Conference held at geneva from April 21 to August12, 1949, for the purpose of revising the Convention concluded atGeneva on July 27, 1929, relative to the Treatment of Prisoners of War,have agreed as follows:

PART I [GENERAL PROVISIONS][Article 1, 2 and 3 are common to all four conventions. See articles 1,2 and 3 in Geneva Convention I, page 105]

Article 4 [definition of prisoners of war]A. Prisoners of war, in the sense of the present Convention, are

persons belonging to one of the following categories, who have falleninto the power of the enemy:1. Members of the armed forces of a Party to the conflict as well asmembers of militias or volunteer corps forming part of such armedforces.2. Members of other militias and members of other volunteer corps,including those of organized resistance movements, belonging to a Partyto the conflict and operating in or outside their own territory, even ifthis territory is occupied, provided that such militias or volunteer corps,including such organized resistance movements, fulfil the followingconditions:a) That of being commanded by a person responsible for hissubordinates;b) That of having a fixed distinctive sign recognizable at a distance;c) That of carrying arms openly;d) That of conducting their operations in accordance with the laws andcustoms of war.3. Members of regular armed forces who profess allegiance to agovernment or an authority not recognized by the Detaining Power.4. Persons who accompany the armed forces without actually beingmembers thereof, such as civilian members of military aircraft crews,war correspondents, supply contractors, members of labour units or ofservices responsible for the welfare of the armed forces, provided thatthey have received authorization from the armed forces which theyaccompany, who shall provide them for that purpose with an identitycard similar to the annexed model.5. Members of crews, including masters, pilots and apprentices, of themerchant marine and the crews of civil aircraft of the Parties to theconflict, who do not benefit by more favourable treatment under anyother provisions of international law.6. Inhabitants of a non-occupied territory, who on the approach of theenemy spontaneously take up arms to resist the invading forces, withouthaving had time to form themselves into regular armed units, providedthey carry arms openly and respect the laws and customs of war.

B. The following shall likewise be treated as prisoners of war underthe present Convention:1. Persons belonging, or having belonged, to the armed forces of theoccupied country, if the occupying Power considers it necessary byreason of such allegiance to intern them, even though it has originallyliberated them while hostilities were going on outside the territory itoccupies, in particular where such persons have made an unsuccessfulattempt to rejoin the armed forces to which they belong and which areengaged in combat, or where they fail to comply with a summons madeto them with a view to internment.2. The persons belonging to one of the categories enumerated in thepresent Article, who have been received by neutral or non-belligerentPowers on their territory and whom these Powers are required to internunder international law, without prejudice to any more favourabletreatment which these Powers may choose to give and with the exception

1 H.3 GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR (GENEVACONVENTION III)

-adopted on 12 August 1949 by the Diplomatic Conference for the Establishment of International Conventions forthe Protection of Victims of War, held in Geneva from 21 April to 12 August, 1949-entered into force on 21 October 1950-ratifications, etc.: 192 as per 15 July 2004-excerpts of 143 articles and 5 annexes

1 H.3 GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR (GENEVA CONVENTION III)

of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, wherediplomatic relations exist between the Parties to the conflict and theneutral or non-belligerent Power concerned, those Articles concerningthe Protecting Power. Where such diplomatic relations exist, the Partiesto a conflict on whom these persons depend shall be allowed to performtowards them the functions of a Protecting Power as provided in thepresent Convention, without prejudice to the functions which theseParties normally exercise in conformity with diplomatic and consularusage and treaties.

C. This Article shall in no way affect the status of medical personneland chaplains as provided for in Article 33 of the present Convention.

Article 5 [application and decision on status]The present Convention shall apply to the persons referred to in Article4 from the time they fall into the power of the enemy and until theirfinal release and repatriation.

Should any doubt arise as to whether persons, having committed abelligerent act and having fallen into the hands of the enemy, belong toany of the categories enumerated in Article 4, such persons shall enjoythe protection of the present Convention until such time as their statushas been determined by a competent tribunal.

Article 6 [follow-up agreements to this convention]In addition to the agreements expressly provided for in Articles 10,

23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132,the High Contracting Parties may conclude other special agreementsfor all matters concerning which they may deem it suitable to makeseparate provision. No special agreement shall adversely affect thesituation of prisoners of war, as defined by the present Convention, norrestrict the rights which it confers upon them.

Prisoners of war shall continue to have the benefit of such agreementsas long as the Convention is applicable to them, except where expressprovisions to the contrary are contained in the aforesaid or in subsequentagreements, or where more favourable measures have been taken withregard to them by one or other of the Parties to the conflict.

Article 7 [POW may not renounce the rights secured here]Prisoners of war may in no circumstances renounce in part or in entiretythe rights secured to them by the present Convention, and by the specialagreements referred to in the foregoing Article, if such there be.

Article 8 [cooperation of the Protecting Powers]The present Convention shall be applied with the cooperation and underthe scrutiny of the Protecting Powers whose duty it is to safeguard theinterests of the Parties to the conflict. For this purpose, the ProtectingPowers may appoint, apart from their diplomatic or consular staff,delegates from amongst their own nationals or the nationals of otherneutral Powers. The said delegates shall be subject to the approval ofthe Power with which they are to carry out their duties.

The Parties to the conflict shall facilitate to the greatest extentpossible the task of the representatives or delegates of the ProtectingPowers.

The representatives or delegates of the Protecting Powers shall notin any case exceed their mission under the present Convention. Theyshall, in particular, take account of the imperative necessities of securityof the State wherein they carry out their duties.

Article 9 [role of the Red Cross]The provisions of the present Convention constitute no obstacle to thehumanitarian activities which the International Committee of the RedCross or any other impartial humanitarian organization may, subject to

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the consent of the Parties to the conflict concerned, undertake for theprotection of prisoners of war and for their relief.

Article 10 [delegation]The High Contracting Parties may at any time agree to entrust to anorganization which offers all guarantees of impartiality and efficacythe duties incumbent on the Protecting Powers by virtue of the presentConvention.

When prisoners of war do not benefit or cease to benefit, no matterfor what reason, by the activities of a Protecting Power or of anorganization provided for in the first paragraph above, the DetainingPower shall request a neutral State, or such an organization, to undertakethe functions performed under the present Convention by a ProtectingPower designated by the Parties to a conflict.

If protection cannot be arranged accordingly, the Detaining Powershall request or shall accept, subject to the provisions of this Article,the offer of the services of a humanitarian organization, such as theInternational Committee of the Red Cross, to assume the humanitarianfunctions performed by Protecting Powers under the presentConvention.

Any neutral Power or any organization invited by the Powerconcerned or offering itself for these purposes, shall be required to actwith a sense of responsibility towards the Party to the conflict on whichpersons protected by the present Convention depend, and shall berequired to furnish sufficient assurances that it is in a position toundertake the appropriate functions and to discharge them impartially.

No derogation from the preceding provisions shall be made by specialagreements between Powers one of which is restricted, even temporarily,in its freedom to negotiate with the other Power or its allies by reasonof military events, more particularly where the whole, or a substantialpart, of the territory of the said Power is occupied.

Whenever in the present Convention mention is made of a ProtectingPower, such mention applies to substitute organizations in the sense ofthe present Article.

Article 11 [settlement of disputes]In cases where they deem it advisable in the interest of protected persons,particularly in cases of disagreement between the Parties to the conflictas to the application or interpretation of the provisions of the presentConvention, the Protecting Powers shall lend their good offices with aview to settling the disagreement.

For this purpose, each of the Protecting Powers may, either at theinvitation of one Party or on its own initiative, propose to the Parties tothe conflict a meeting of their representatives, and in particular of theauthorities responsible for prisoners of war, possibly on neutral territorysuitably chosen. The Parties to the conflict shall be bound to give effectto the proposals made to them for this purpose. The Protecting Powersmay, if necessary, propose for approval by the Parties to the conflict aperson belonging to a neutral Power, or delegated by the InternationalCommittee of the Red Cross, who shall be invited to take part in sucha meeting.

PART II GENERAL PROTECTION OF PRISONERS OF WARArticle 12 [responsibility for the treatment of prisoners]

Prisoners of war are in the hands of enemy Power, but not of theindividuals or military units who have captured them. Irrespective ofthe individual responsibilities that may exist, the Detaining Power isresponsible for the treatment given them.

Prisoners of war may only be transferred by the Detaining Power toa Power which is a party to the Convention and after the DetainingPower has satisfied itself of the willingness and ability of such transfereePower to apply the Convention. When prisoners of war are transferredunder such circumstances, responsibility for the application of theConventions rests on the Power accepting them while they are in itscustody.

Nevertheless if that Power fails to carry out the provisions of theConvention in any important respect, the Power by whom the prisonersof war were transferred shall, upon being notified by the ProtectingPower, take effective measures to correct the situation or shall requestthe return of the prisoners of war.Such requests must be complied with.

Article 13 [humane treatment of prisoners]Prisoners of war must at all times be humanely treated. Any unlawful

act or omission by the Detaining Power causing death or seriouslyendangering the health of a prisoner of war in its custody is prohibited,and will be regarded as a serious breach of the present Convention. Inparticular, no prisoner of war may be subjected to physical mutilationor to medical or scientific experiments of any kind which are not justifiedby the medical, dental or hospital treatment of the prisoner concernedand carried in his interest.

Likewise, prisoners of war must at all times be protected, particularlyagainst acts of violence or intimidation and against insults and publiccuriosity.

Measures of reprisal against prisoners of war are prohibited.

Article 14 [respect for the person of prisoners]Prisoners of war are entitled in all circumstances to respect for their

persons and their honour.Women shall be treated with all the regard due to their sex and shall

in all cases benefit by treatment as favourable as that granted to men.Prisoners of war shall retain the full civil capacity which they enjoyed

at the time of their capture. The Detaining Power may not restrict theexercise, either within or without its won territory, of the rights suchcapacity confers except in so far as the captivity requires.

Article 15 [maintenance of prisoners]The Power detaining prisoners of war shall be bound to provide free

of charge for their maintenance and for the medical attention requiredby their state of health.

Article 16 [equality of treatment]Taking into consideration the provisions of the present Convention

relating to rank and sex, and subject to any privileged treatment whichmay be accorded to them by reason of their state of health, age orprofessional qualifications, all prisoners of war shall be treated alikeby the Detaining Power, without any adverse distinction based on race,nationality, religious belief or political opinions, or any other distinctionfounded on similar criteria.

PART III CAPTIVITYSECTION I BEGINNING OF CAPTIVITYArticle 17 [treatment of prisoners]

Every prisoner of war, when questioned on the subject, is bound togive only his surname, first names and rank, date of birth, and army,regimental, personal or serial number, or failing this, equivalentinformation. If he wilfully infringes this rule, he may render himselfliable to a restriction of the privileges accorded to his rank or status.

Each Party to a conflict is required to furnish the persons under itsjurisdiction who are liable to become prisoners of war, with an identitycard showing the owner’s surname, first names, rank, army, regimental,personal or serial number or equivalent information, and date of birth.The identity card may, furthermore, bear the signature or thefingerprints, or both, of the owner, and may bear, as well, any otherinformation the Party to the conflict may wish to add concerning personsbelonging to its armed forces. As far as possible the card shall measure6.5 x 10 cm. and shall be issued in duplicate. The identity card shall beshown by the prisoner of war upon demand, but may in no case betaken away from him.

No physical or mental torture, nor any other form of coercion, maybe inflicted on prisoners of war to secure from them information of anykind whatever. Prisoners of war who refuse to answer may not bethreatened, insulted, or exposed to any unpleasant or disadvantageoustreatment of any kind.Prisoners of war who, owing to their physical or mental condition, areunable to state their identity, shall be handed over to the medical service.

The identity of such prisoners shall be established by all possiblemeans, subject to the provisions of the preceding paragraph.

The questioning of prisoners of war shall be carried out in a languagewhich they understand.

Article 21 [deprivation of liberty]The Detaining Power may subject prisoners of war to internment. It

may impose on them the obligation of not leaving, beyond certain limits,the camp where they are interned, or if the said camp is fenced in, ofnot going outside its perimeter. Subject to the provisions of the present


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Convention relative to penal and disciplinary sanctions, prisoners ofwar may not be held in close confinement except where necessary tosafeguard their health and then only during the continuation of thecircumstances which make such confinement necessary.

Prisoners of war may be partially or wholly released on parole orpromise, in so far as is allowed by the laws of the Power on which theydepend. Such measures shall be taken particularly in cases where thismay contribute to the improvement of their state of health. No prisonerof war shall be compelled to accept liberty on parole or promise.

Upon the outbreak of hostilities, each Party to the conflict shall notifythe adverse Party of the laws and regulations allowing or forbidding itsown nationals to accept liberty on parole or promise. Prisoners of warwho are paroled or who have given their promise in conformity withthe laws and regulations so notified, are bound on their personal honourscrupulously to fulfil, both towards the Power on which they dependand towards the Power which has captured them, the engagements oftheir paroles or promises. In such cases, the Power on which they dependis bound neither to require nor to accept from them any serviceincompatible with the parole or promise given.

Article 22 [minimum conditions]Prisoners of war may be interned only in premises located on land

and affording every guarantee of hygiene and healthfulness. Except inparticular cases which are justified by the interest of the prisonersthemselves, they shall not be interned in penitentiaries.

Prisoners of war interned in unhealthy areas, or where the climate isinjurious for them, shall be removed as soon as possible to a morefavourable climate.

The Detaining Power shall assemble prisoners of war in camps orcamp compounds according to their nationality, language and customs,provided that such prisoners shall not be separated from prisoners ofwar belonging to the armed forces with which they were serving at thetime of their capture, except with their consent.

Article 23 [protection against war circumstances]No prisoner of war may at any time be sent to or detained in areas

where he may be exposed to the fire of the combat zone, nor may hispresence be used to render certain points or areas immune from militaryoperations.

Prisoners of war shall have shelters against air bombardment andother hazards of war, to the same extent as the local civilian population.With the exception of those engaged in the protection of their quartersagainst the aforesaid hazards, they may enter such shelters as soon aspossible after the giving of the alarm. Any other protective measuretaken in favour of the population shall also apply to them.

Detaining Powers shall give the Powers concerned, through theintermediary of the Protecting Powers, all useful information regardingthe geographical location of prisoner of war camps.

Whenever military considerations permit, prisoner of war camps shallbe indicated in the day-time by the letters PW or PG, placed so as to beclearly visible from the air. The Powers concerned may, however, agreeupon any other system of marking. Only prisoner of war camps shallbe marked as such.

Article 24 [minimum conditions in transit camps]Transit or screening camps of a permanent kind shall be fitted out

under conditions similar to those described in the present Section, andthe prisoners therein shall have the same treatment as in other camps.

Article 25 [minimum camp conditions]Prisoners of war shall be quartered under conditions as favourable

as those for the forces of the Detaining Power who are billeted in thesame area. The said conditions shall make allowance for the habits andcustoms of the prisoners and shall in no case be prejudicial to theirhealth.

The foregoing provisions shall apply in particular to the dormitoriesof prisoners of war as regards both total surface and minimum cubicspace, and the general installations, bedding and blankets.

The premises provided for the use of prisoners of war individuallyor collectively, shall be entirely protected from dampness and adequatelyheated and lighted, in particular between dusk and lights out. Allprecautions must be taken against the danger of fire.

In any camps in which women prisoners of war, as well as men, areaccommodated, separate dormitories shall be provided for them.

SECTION II INTERNMENT OF PRISONERS OF WARArticle 34 [religious duties]

Prisoners of war shall enjoy complete latitude in the exercise of theirreligious duties, including attendance at the service of their faith, oncondition that they comply with the disciplinary routine prescribed bythe military authorities.

Adequate premises shall be provided where religious services maybe held.

SECTION III LABOUR OF PRISONERS OF WARArticle 49 [general observations]

The Detaining Power may utilize the labour of prisoners of war whoare physically fit, taking into account their age, sex, rank and physicalaptitude, and with a view particularly to maintaining them in a goodstate of physical and mental health.

Non-commissioned officers who are prisoners of war shall only berequired to do supervisory work. Those not so required may ask forother suitable work which shall, so far as possible, be found for them.

If officers or persons of equivalent status ask for suitable work, itshall be found for them, so far as possible, but they may in nocircumstances be compelled to work.

Article 50 [authorized work]Besides work connected with camp administration, installation or

maintenance, prisoners of war may be compelled to do only such workas is included in the following classes:a) agriculture;b) industries connected with the production or the extraction of rawmaterials, and manufacturing industries, with the exception ofmetallurgical, machinery and chemical industries; public works andbuilding operations which have no military character of purpose;c) transport and handling of stores which are not militarily in characteror purpose;d) commercial business, and arts and crafts;e) domestic services;f) public utility services having not military character or purpose.

Should the above provisions be infringed, prisoners of war shall beallowed to exercise their right of complaint, in conformity with Article78.

Article 51 [working conditions]Prisoners of war must be granted suitable working conditions,

especially as regards accommodation, food, clothing and equipment;such conditions shall not be inferior to those enjoyed by nationals ofthe Detaining Power employed in similar work; account shall also betaken of climatic conditions.

The Detaining Power, in utilizing the labour of prisoners of war,shall ensure that in areas in which prisoners are employed, the nationallegislation concerning the protection of labour, and, mor particularly,the regulations for the safety of workers, are duly applied.

Prisoners of war shall receive training and be provided with the meansof protection suitable to the work they will have to do and similar tothose accorded to the nationals of the Detaining Power. Subject to theprovisions of Article 52, prisoners may be submitted to the normal risksrun by these civilian workers.

Conditions of labour shall in no case be rendered more arduous bydisciplinary measures.

Article 52 [prohibition of dangerous or humiliating labour]Unless he be a volunteer, no prisoner of war may me employed on

labour which is of an unhealthy or dangerous nature.No prisoner of war shall be assigned to labour which would be looked

upon as humiliating for a member of the Detaining Powers’s own forces.The removal of mines or similar devices shall be considered as

dangerous labour.

SECTION IV FINANCIAL RESOURCES OF PRISONERS OFWAR


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SECTION V RELATIONS OF PRISONERS OF WAR WITHTHE EXTERIOR

Article 69 [information to the exterior]Immediately upon prisoners of war falling into its power, the

Detaining Power shall inform them and the Powers on which theydepend, through the Protecting Power, of the measures taken to carryout the provisions of the present Section. They shall likewise informthe parties concerned of any subsequent modifications of such measures.

Article 70 [contact with the family]Immediately upon capture, or not more than one week after arrival

at a camp, even if it is a transit camp, likewise in case of sickness ortransfer to hospital or another camp, every prisoner of war shall beenabled to write direct to his family, on the one hand, and to the CentralPrisoners of War Agency provided for in Article 123, on the other hand,a card similar, if possible, to the model annexed to the presentConvention, informing his relatives of his capture, address and state ofhealth. The said cards shall be forwarded as rapidly as possible andmay not be delayed in any manner.

Article 72 [relief shipments I. general principles]Prisoners of war shall be allowed to receive by post or by any other

means individual parcels or collective shipments containing, inparticular, foodstuffs, clothing, medical supplies and articles of areligious, educational or recreational character which may meet theirneeds, including books, devotional articles, scientific equipment,examination papers, musical instruments, sports outfits and materialsallowing prisoners of war to pursue their studies or their culturalactivities.

Such shipments shall in no way free the Detaining Power from theobligations imposed upon it by virtue of the present Convention.

The only limits which may be placed on these shipments shall bethose proposed by the Protecting Power in the interest of the prisonersthemselves, or by the International Committee of the Red Cross or anyother organization giving assistance to the prisoners, in respect of theirown shipments only, on account of exceptional strain on transport orcommunications.

The conditions for the sending of individual parcels and collectiverelief shall, if necessary, be the subject of special agreements betweenthe Powers concerned, which may in no case delay the receipt by theprisoners of relief supplies. Books may not be included in parcels ofclothing and foodstuffs. Medical supplies shall, as a rule, be sent incollective parcels.

Article 73 [relief shipments II. collective relief]In the absence of special agreements between the Powers concerned

on the conditions for the receipt and distribution of collective reliefshipments, the rules and regulations concerning collective shipments,which are annexed to the present Convention, shall be applied.

The special agreements referred to above shall in no case restrict theright of prisoners’ representatives to take possession of collective reliefshipments intended for prisoners of war, to proceed to their distributionor to dispose of them in the interest of the prisoners.

Nor shall such agreements restrict the right of representatives of theProtecting Power, the International Committee of the Red Cross or anyother organization giving assistance to prisoners of war and responsiblefor the forwarding of collective shipments, to supervise their distributionto the recipients.

Article 75 [special means of transport]Should military operations prevent the Powers concerned from

fulfilling their obligation to assure the transport of the shipments referredto in Articles 70, 71, 72, and 77, the Protecting Powers concerned, theInternational Committee of the Red Cross or any other organisationduly approved by the Parties to the conflict may undertake to ensurethe conveyance of such shipments by suitable means (railway wagons,motor vehicles, vessels or aircraft, etc.). For this purpose, the HighContracting Parties shall endeavour to supply them with such transportand to allow its circulation, especially by granting the necessary safe-conducts.

Such transport may also be used to convey:a) correspondence, lists and reports exchanged between the CentralInformation Agency referred to in Article 122;

b) correspondence and reports relating to prisoners of war which theProtecting Power, the International Committee of the Red Cross or anyother body assisting the prisoners, exchange either with their owndelegates or with the Parties to the conflict.

These provisions in no way detract from the right of any Party to theconflict to arrange other means of transport, if it should so prefer, norpreclude the granting of safe-conducts, under mutually agreedconditions, to such means of transport.

In the absence of special agreements, the costs occasioned by theuse of such means of transport shall be borne proportionally by theParties to the conflict whose nationals are benefited thereby.

PART IV TERMINATION OF CAPTIVITYSECTION I DIRECT REPATRIATION AND

ACCOMMODATION IN NEUTRALCOUNTRIES

Article 109 [repatriation]Subject to the provisions of the third paragraph of this Article, Parties

to the conflict are bound to send back to their own country, regardlessof number or rank, seriously wounded and seriously sick prisoners ofwar, after having cared for them until they are fit to travel, in accordancewith the first paragraph of the following Article.

Throughout the duration of hostilities, Parties to the conflict shallendeavour, with the cooperation of the neutral Powers concerned, tomake arrangements for the accommodation in neutral countries of thesick and wounded prisoners of war referred to in the second paragraphof the following Article. They may, in addition, conclude agreementswith a view to the direct repatriation or internment in a neutral countryof able-bodied prisoners of war who have undergone a long period ofcaptivity.

No sick or injured prisoner of war who is eligible for repatriationunder the first paragraph of this Article, may be repatriated against hiswill during hostilities.

SECTION II RELEASE AND REPATRIATION OFPRISONERS OF WAR AT THE CLOSE OFHOSTILITIES

SECTION III DEATH OF PRISONERS OF WAR

PART V INFORMATION BUREAUX AND RELIEFSOCIETIES FOR PRISONERS OF WAR

PART VI EXECUTION OF THE CONVENTIONArticle 126 [visits]

Representatives or delegates of the Protecting Powers shall havepermission to go to all places where prisoners of war may be, particularlyto places of internment, imprisonment and labour, and shall have accessto all premises occupied by prisoners of war; they shall also be allowedto go to the places of departure, passage and arrival of prisoners whoare being transferred. They shall be able to interview the prisoners, andin particular the prisoners’ representatives, without witnesses, eitherpersonally or through an interpreter.

Representatives and delegates of the Protecting Powers shall havefull liberty to select the places they wish to visit. The duration andfrequency of these visits shall not be restricted. Visits may not beprohibited except for reasons of imperative military necessity, and thenonly as an exceptional and temporary measure.

The Detaining Power and the Power on which the said prisoners ofwar depend may agree, if necessary, that compatriots of these prisonersof war be permitted to participate in the visits.

The delegates of the International Committee of the Red Cross shallenjoy the same prerogatives. The appointment of such delegates shallbe submitted to the approval of the Power detaining the prisoners ofwar to be visited.

Article 132 [enquiry]At the request of a Party to the conflict, an enquiry shall be instituted,

in a manner to be decided between the interested Parties, concerningany alleged violation of the Convention.

If agreement has not been reached concerning the procedure for theenquiry, the Parties should agree on the choice of an umpire who willdecide upon the procedure to be followed.

Once the violation has been established, the Parties to the conflictshall put an end to it and shall repress it with the least possible delay.


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PART I GENERAL PROVISIONS[Article 1, 2 and 3 are common to all four conventions. see articles 1, 2and 3 in Geneva Convention I, page 105]

Article 4 [definition of protected persons]Persons protected by the Convention are those who, at a given

moment and in any manner whatsoever, find themselves, in case of aconflict or occupation, in the hands of a Party to the conflict orOccupying Power of which they are not nationals.

Nationals of a State which is not bound by the Convention are notprotected by it. Nationals of a neutral State who find themselves in theterritory of a belligerent State, and nationals of a co-belligerent State,shall not be regarded as protected persons while the State of whichthey are nationals has normal diplomatic representation in the State inwhose hands they are.

The provisions of Part II are, however, wider in application, asdefined in Article 13.

Persons protected by the Geneva Convention for the Ameliorationof the Condition of the Wounded and Sick in Armed Forces in the Fieldof August 12, 1949, or by the Geneva Convention for the Ameliorationof the Condition of Wounded, Sick and Shipwrecked Members of ArmedForces at Sea of August 12, 1949, or by the Geneva Convention relativeto the Treatment of Prisoners of War of August 12, 1949, shall not beconsidered as protected persons within the meaning of the presentConvention.

Article 5 [derogations]Where, in the territory of a Party to the conflict, the latter is satisfied

that an individual protected person is definitely suspected of or engagedin activities hostile to the security of the State, such individual personshall not be entitled to claim such rights and privileges under the presentConvention as would, if exercised in the favour of such individualperson, be prejudicial to the security of such State.

Where in occupied territory an individual protected person is detainedas a spy or saboteur, or as a person under definite suspicion of activityhostile to the security of the Occupying Power, such person shall, inthose cases where absolute military security so requires, be regardedas having forfeited rights of communication under the presentConvention.

In each case, such persons shall nevertheless be treated withhumanity, and in case of trial, shall not be deprived of the rights of fairand regular trial prescribed by the present Convention. They shall alsobe granted the full rights and privileges of a protected person under thepresent Convention at the earliest date consistent with the security ofthe State or Occupying Power, as the case may be.

Article 6 [term of application]The present Convention shall apply from the outset of any conflict

or occupation mentioned in Article 2.In the territory of Parties to the conflict, the application of the present

Convention shall cease on the general close of military operations.In the case of occupied territory, the application of the present

Convention shall cease one year after the general close of militaryoperations; however, the Occupying Power shall be bound, for theduration of the occupation, to the extent that such Power exercises thefunctions of government in such territory, by the provisions of thefollowing Articles of the present Convention: 1 to 12, 27, 29 to 34, 47,49, 51, 52, 53, 59, 61 to 77, 143.

Protected persons whose release, repatriation or re-establishment maytake place after such dates shall meanwhile continue to benefit by thepresent Convention.

1 H.4 GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIMEOF WAR (GENEVA CONVENTION IV)

-adopted on 12 August 1949 by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva from 21 April to 12 August, 1949-entered into force on 21 October 1950-ratifications, etc.: 192 as per 15 July 2004-excerpts of 159 articles

Article 8 [prohibition of renunciation of rights]Protected persons may in no circumstances renounce in part or in

entirety the rights secured to them by the present Convention, and bythe special agreements referred to in the foregoing Article, if such therebe.

Article 9 [role of protecting powers]The present Convention shall be applied with the cooperation and

under the scrutiny of the Protecting Powers whose duty it is to safeguardthe interests of the Parties to the conflict. For this purpose, the ProtectingPowers may appoint, apart from their diplomatic or consular staff,delegates from amongst their own nationals or the nationals of otherneutral Powers. The said delegates shall be subject to the approval ofthe Power with which they are to carry out their duties.

The Parties to the conflict shall facilitate to the greatest extentpossible the task of the representatives or delegates of the ProtectingPowers.

The representatives or delegates of the Protecting Powers shall notin any case exceed their mission under the present Convention. Theyshall, in particular, take account of the imperative necessities of securityof the State wherein they carry out their duties.

Article 10 [activities of the Red Cross]The provisions of the present Convention constitute no obstacle to

the humanitarian activities which the International Committee of theRed Cross or any other impartial humanitarian organization may, subjectto the consent of the Parties to the conflict concerned, undertake forthe protection of civilian persons and for their relief.

PART Il GENERAL PROTECTION OF POPULATIONSAGAINST CERTAIN CONSEQUENCES OF WAR

Article 23 [ medical supplies, food and clothing]Each High Contracting Party shall allow the free passage of all

consignments of medical and hospital stores and objects necessary forreligious worship intended only for civilians of another HighContracting Party, even if the latter is its adversary. It shall likewisepermit the free passage of all consignments of essential foodstuffs,clothing and tonics intended for children under fifteen, expectantmothers and maternity cases.

The obligation of a High Contracting Party to allow the free passageof the consignments indicated in the preceding paragraph is subject tothe condition that this Party is satisfied that there are no serious reasonsfor fearing:a) that the consignments may be diverted from their destination,b) that the control may not be effective, orc) that a definite advantage may accrue to the military efforts or economyof the enemy through the substitution of the above-mentionedconsignments for goods which would otherwise be provided or producedby the enemy or through the release of such material, services orfacilities as would otherwise be required for the production of suchgoods.

The Power which allows the passage of the consignments indicatedin the first paragraph of this Article may make such permissionconditional on the distribution to the persons benefitted thereby beingmade under the local supervision of the Protecting Powers.

Such consignments shall be forwarded as rapidly as possible, andthe Power which permits their free passage shall have the right toprescribe the technical arrangements under which such passage isallowed.

1 H.4 GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR(GENEVA CONVENTION IV)

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PART III STATUS AND TREATMENT OF PROTECTEDPERSONS

SECTION I PROVISIONS COMMON TO THETERRITORIES OF THE PARTIES TO THECONFLICT AND TO OCCUPIED TERRITORIES

Article 27 [treatment I, general provisions]Protected persons are entitled, in all circumstances, to respect for

their persons, their honour, their family rights, their religious convictionsand practices, and their manners and customs. They shall at all timesbe humanely treated, and shall be protected especially against all actsof violence or threats thereof and against insults and public curiosity.

Women shall be especially protected against any attack on theirhonour, in particular against rape, enforced prostitution, or any form ofindecent assault.

Without prejudice to the provisions relating to their state of health,age and sex, all protected persons shall be treated with the sameconsideration by the Party to the conflict in whose power they are,without any adverse distinction based, in particular, on race, religionor political opinion.

However, the Parties to the conflict may take such measures of controland security in regard to protected persons as may be necessary as aresult of the war.

Article 28 [treatment II, danger zones]The presence of a protected person may not be used to render certain

points or areas immune from military operations.

Article 29 [treatment III, responsibilities]The Party to the conflict in whose hands protected persons may be,

is responsible for the treatment accorded to them by its agents,irrespective of any individual responsibility which may be incurred.

Article 30 [protected persons and organizations]Protected persons shall have every facility for making application

to the Protecting Powers, the International Committee of the Red Cross,the National Red Cross (Red Crescent, Red Lion and Sun) Society ofthe country -where they may be, as well as to any organization thatmight assist them.

These several organizations shall be granted all facilities for thatpurpose by the authorities, within the bounds set by military or securityconsiderations.

Apart from the visits of the delegates of the Protecting Powers andof the International Committee of the Red Cross, provided for by Article143. the Detaining or Occupying Powers shall facilitate as much aspossible visits to protected persons by the representatives of otherorganizations whose object is to give spiritual aid or material relief tosuch persons.

Article 31 [prohibition of coercion]No physical or moral coercion shall be exercised against protected

persons, in particular to obtain information from them or from thirdparties.

Article 32 [prohibition of corporal punishment, torture, etc.]The High Contracting Parties specifically agree that each of them is

prohibited from taking any measure of such a character as to cause thephysical suffering or extermination of protected persons in their hands.This prohibition applies not only to murder, torture, corporalpunishment, mutilation and medical or scientific experiments notnecessitated by the medical treatment of a protected person, but also toany other measures of brutality whether applied by civilian or militaryagents.

Article 33 [prohibition of collective penalties, pillage, reprisals]No protected person may be punished for an offence he or she has

not personally committed. Collective penalties and likewise allmeasures of intimidation or of terrorism are prohibited. Pillage isprohibited.

Reprisals against protected persons and their property are prohibited.

Article 34 [prohibition of taking hostages]The taking of hostages is prohibited.

SECTION II ALIENS IN THE TERRITORY OF A PARTY TOTHE CONFLICT

SECTION III OCCUPIED TERRITORIESArticle 47 [inviolability of rights]

Protected persons who are in occupied territory shall not be deprived,in any case or in any manner whatsoever, of the benefits of the presentConvention by any change introduced, as the result of the occupationof a territory, into the institutions or government of the said territory,nor by any agreement concluded between the authorities of the occupiedterritories and the Occupying Power, nor by any annexation by the latterof the whole or part of the occupied territory.

Article 49 [deportations, transfers, evacuations]Individual or mass forcible transfers, as well as deportations of

protected persons from occupied territory to the territory of theOccupying Power or to that of any other country, occupied or not, areprohibited, regardless of their motive.

Nevertheless, the Occupying Power may undertake total or partialevacuation of a given area if the security of the population or imperativemilitary reasons so demand. Such evacuations may not involve thedisplacement of protected persons outside the bounds of the occupiedterritory except when for material reasons it is impossible to avoid suchdisplacement. Persons thus evacuated shall be transferred back to theirhomes as soon as hostilities in the area in question have ceased.

The Occupying Power undertaking such transfers or evacuations shallensure, to the greatest practicable extent, that proper accommodationis provided to receive the protected persons, that the removals areeffected in satisfactory conditions of hygiene, health, safety andnutrition, and that members of the same family are not separated.

The Protecting Power shall be informed of any transfers andevacuations as soon as they have taken place.

The Occupying Power shall not detain protected persons in an areaparticularly exposed to the dangers of war unless the security of thepopulation or imperative military reasons so demand.

The Occupying Power shall not deport or transfer parts of its owncivilian population into the territory it occupies.

Article 51 [prohibition of forced enlistment, work conditions]The Occupying Power may not compel protected persons to serve

in its armed or auxiliary forces. No pressure or propaganda whichaims at securing voluntary enlistment is permitted.

The Occupying Power may not compel protected persons to workunless they are over eighteen years of age, and then only on work whichis necessary either for the needs of the army of occupation, or for thepublic utility services, or for the feeding, sheltering, clothing,transportation or health of the population of the occupied country.Protected persons may not be compelled to undertake any work whichwould involve them in the obligation of taking part in militaryoperations. The Occupying Power may not compel protected personsto employ forcible means to ensure the security of the installationswhere they are performing compulsory labour.

The work shall be carried out only in the occupied territory wherethe persons whose services have been requisitioned are. Every suchperson shall, so far as possible, be kept in his usual place of employment.Workers shall be paid a fair wage and the work shall be proportionateto their physical and intellectual capacities. The legislation in force inthe occupied country concerning working conditions, and safeguardsas regards, in particular, such matters as wages, hours of work,equipment, preliminary training and compensation for occupationalaccidents and diseases, shall be applicable to the protected personsassigned to the work referred to in this Article.

In no case shall requisition of labour lead to a mobilization of workersin an organization of a military or semi-military character.

Article 52 [protection of workers]No contract, agreement or regulation shall impair the right of any

worker, whether voluntary or not and wherever he may be, to apply tothe representatives of the Protecting Power in order to request the saidPower’s intervention.

All measures aiming at creating unemployment or at restricting theopportunities offered to workers in an occupied territory, in order toinduce them to work for the Occupying Power, are prohibited.


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Article 53 [prohibition of destruction of property]Any destruction by the Occupying Power of real or personal property

belonging individually or collectively to private persons, or to the State,or to other public authorities, or to social or cooperative organizations,is prohibited, except where such destruction is rendered absolutelynecessary by military operations.

Article 55 [food and medical supplies for the population]To the fullest extent of the means available to it, the Occupying

Power has the duty of ensuring the food and medical supplies of thepopulation it should, in particular, bring in the necessary foodstuffs,medical stores and other articles if the resources of the occupied territoryare inadequate.

The Occupying Power may not requisition foodstuffs, articles ormedical supplies available in the occupied territory, except for use bythe occupation forces and administration personnel, and then only ifthe requirements of the civilian population have been taken into account.Subject to the provisions of other international Conventions, theOccupying Power shall make arrangements to ensure that fair value ispaid for any requisitioned goods.

The Protecting Power shall, at any time, be at liberty to verify thestate of the food and medical supplies in occupied territories, exceptwhere temporary restrictions are made necessary by imperative militaryrequirements.

Article 59 [relief I, collective relief]If the whole or part of the population of an occupied territory is

inadequately supplied, the Occupying Power shall agree to reliefschemes on behalf of the said population, and shall facilitate them byall the means at its disposal.

Such schemes, which may be undertaken either by Statesor by impartial humanitarian organizations such as the InternationalCommittee of the Red Cross, shall consist, in particular, of the provisionof consignments of foodstuffs, medical supplies and clothing.

All Contracting Parties shall permit the free passage of theseconsignments and shall guarantee their protection.

A Power granting free passage to consignments on their way toterritory occupied by an adverse Party to the conflict shall, however,have the right to search the consignments, to regulate their passageaccording to prescribed times and routes, and to be reasonably satisfiedthrough the Protecting Power that these consignments are to be usedfor the relief of the needy population and are not to be used for thebenefit of the Occupying Power.

Article 60 [relief II, responsibilities of the occupying power]Relief consignments shall in no way relieve the Occupying Power

of any of its responsibilities under Articles 55, 56 and 59. TheOccupying Power shall in no way whatsoever divert relief consignmentsfrom the purpose for which they are intended, except in cases of urgentnecessity, in the interests of the population of the occupied territoryand with the consent of the Protecting Power.

Article 61 [relief III, distribution]The distribution of the relief consignments referred to in the foregoing

Articles shall be carried out with the cooperation and under thesupervision of the Protecting Power. This duty may also be delegated,by agreement between the Occupying Power and the Protecting Power,to a neutral Power, to the International Committee of the Red Cross orto any other impartial humanitarian body.

Such Consignments shall be exempt in occupied territory from allcharges, taxes or customs duties unless these are necessary in theinterests of the economy of the territory. The Occupying Power shallfacilitate the rapid distribution of these consignments.

All Contracting Parties shall endeavour to permit the transit andtransport, free of charge, of such relief consignments on their way tooccupied territories.

Article 62 [relief IV, individual relief]Subject to imperative reasons of security, protected persons in

occupied territories shall be permitted to receive the individual reliefconsignments sent to them.

Article 63 [national Red Cross and other societies]Subject to temporary and exceptional measures imposed for urgent

reasons of security by the Occupying Power:a) recognized National Red Cross (Red Crescent, Red Lion and Sun)Societies shall be able to pursue their activities in accordance with RedCross principles, as defined by the International Red Cross Conferences.Other relief societies shall be permitted to continue their humanitarianactivities under similar conditionsb) the Occupying Power may not require any changes in the personnelor structure of these societies, which would prejudice the aforesaidactivities.

The same principles shall apply to the activities and personnel ofspecial organizations of a non-military character, which already existor which may be established, for the purpose of ensuring the livingconditions of the civilian population by the maintenance of the essentialpublic utility services, by the distribution of relief and by theorganization of rescues.

Article 64 [penal laws I, general observations]The penal laws of the occupied territory shall remain in force, with

the exception that they may be repealed or suspended by the OccupyingPower in cases where they constitute a threat to its security or an obstacleto the application of the present Convention. Subject to the latterconsideration and to the necessity for ensuring the effectiveadministration of justice, the tribunals of the occupied territory shallcontinue to function in respect of all offences covered by the said laws.

The Occupying Power may, however, subject the population of theoccupied territory to provisions which are essential to enable theOccupying Power to fulfil its obligations under the present Convention,to maintain the orderly government of the territory, and to ensure thesecurity of the Occupying Power, of the members and property of theoccupying forces or administration, and likewise of the establishmentsand lines of communication used by them.

Article 65 [penal laws II, publication]The penal provisions enacted by the Occupying Power shall not come

into force before they have been published and brought to the knowledgeof the inhabitants in their own language. The effect of these penalprovisions shall not be retroactive.

Article 66 [penal laws III, competent courts]In case of a breach of the penal provisions promulgated by it by

virtue of the second paragraph of Article 64, the Occupying Powermay hand over the accused to its properly constituted, non-politicalmilitary courts, on condition that the said courts sit in the occupiedcountry. Courts of appeal shall preferably sit in the occupied country.

Article 67 [penal laws IV, applicable provisions]The courts shall apply only those provisions of law which

were applicable prior to the offence, and which are in accordance withgeneral principles of law, in particular the principle that the penaltyshall be proportioned to the offence. They shall take into considerationthe fact that the accused is not a national of the Occupying Power.

Article 70 [penal laws VII, offences committed earlier]Protected persons shall not be arrested, prosecuted or convicted by

the Occupying Power for acts committed or for opinions expressedbefore the occupation, or during a temporary interruption thereof, withthe exception of breaches of the laws and customs of war.

Nationals of the occupying Power who, before the outbreak ofhostilities, have sought refuge in the territory of the occupied State,shall not be arrested, prosecuted, convicted or deported from theoccupied territory, except for offences committed after the outbreak ofhostilities, or for offences under common law committed before theoutbreak of hostilities which, according to the law of the occupied State,would have justified extradition in time of peace.

Article 71 [fair trial I, general observations]No sentence shall be pronounced by the competent courts of the

Occupying Power except after a regular trial.Accused persons who are prosecuted by the Occupying Power shall

be promptly informed, in writing, in a language which they understand,of the particulars of the charges preferred against them, and shall bebrought to trial as rapidly as possible. The Protecting Power shall be


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informed of all proceedings instituted by the Occupying Power againstprotected persons in respect of charges involving the death penalty orimprisonment for two years or more; it shall be enabled, at any time, toobtain information regarding the state of such proceedings.Furthermore, the Protecting Power shall be entitled, on request, to befurnished with all particulars of these and of any other proceedingsinstituted by the Occupying Power against protected persons.

The notification to the Protecting Power, as provided for in the secondparagraph above, shall be sent immediately, and shall in any case reachthe Protecting Power three weeks before the date of the first hearing.Unless, at the opening of the trial, evidence is submitted that theprovisions of this Article are fully complied with, the trial shall notproceed. The notification shall include the following particulars:a) description of the accusedb) place of residence or detentionc) specification of the charge or charges (with mention of the penalprovisions under which it is brought);d) designation of the court which will hear the case;e) place and date of the first hearing.

Article 72 [fair trial II, right of defence]Accused persons shall have the right to present evidence necessary

to their defence and may, in particular, call witnesses. They shall havethe right to be assisted by a qualified advocate or counsel of their ownchoice, who shall be able to visit them freely and shall enjoy thenecessary facilities for preparing the defence.

Failing a choice by the accused, the Protecting Power may providehim with an advocate or counsel. When an accused person has to meeta serious charge and the Protecting Power is not functioning, theOccupying Power, subject to the consent of the accused, shall providean advocate or counsel.

Accused persons shall, unless they freely waive such assistance, beaided by an interpreter, both during preliminary investigation and duringthe hearing in court. They shall have the right at any time to object tothe interpreter and to ask for his replacement.

Article 73 [fair trial III, right of appeal]A convicted person shall have the right of appeal provided for by

the laws applied by the court. He shall be fully informed of his right toappeal or petition and of the time limit within which he may do so.

The penal procedure provided in the present Section shall apply, asfar as it is applicable, to appeals. Where the laws applied by the Courtmake no provision for appeals, the convicted person shall have theright to petition against the finding and sentence to the competentauthority of the Occupying Power.

Article 74 [fair trial IV, assistance by the protecting power]Representatives of the Protecting Power shall have the right to attend

the trial of any protected person, unless the hearing has, as an exceptionalmeasure, to be held in camera in the interests of the security of theOccupying Power, which shall then notify the Protecting Power. Anotification in respect of the date and place of trial shall be sent to theProtecting Power.

Any judgment involving a sentence of death, or imprisonment fortwo years or more, shall be communicated, with the relevant grounds,as rapidly as possible to the Protecting Power. The notification shallcontain a reference to the notification made under Article 71, and, inthe case of sentences of imprisonment, the name of the place where thesentence is to be served. A record of judgments other than those referredto above shall be kept by the court and shall be open to inspection byrepresentatives of the Protecting Power. Any period allowed for appealin the case of sentences involving the death penalty, or imprisonmentof two years or more, shall not run until notification of judgment hasbeen received by the Protecting Power.

Article 75 [fair trial V, death sentence]In no case shall persons condemned to death be deprived of the right

of petition for pardon or reprieve.No death sentence shall be carried out before the expiration of a

period of at least six months from the date of receipt by the ProtectingPower of the notification of the final judgment confirming such deathsentence, or of an order denying pardon or reprieve.

The six months period of suspension of the death sentence hereinprescribed may be reduced in individual cases in circumstances of graveemergency involving an organized threat to the security of theOccupying Power or its forces, provided always that the ProtectingPower is notified of such reduction and is given reasonable time andopportunity to make representations to the competent occupyingauthorities in respect of such death sentences.

Article 76 [treatment of detainees]Protected persons accused of offences shall be detained in the

occupied country, and if convicted they shall serve their sentencestherein. They shall, if possible, be separated from other detainees andshall enjoy conditions of food and hygiene which will be sufficient tokeep them in good health, and which will be at least equal to thoseobtaining in prisons in the occupied country.

They shall receive the medical attention required by their state ofhealth. They shall also have the right to receive any spiritual assistancewhich they may require.

Women shall be confined in separate quarters and shall be under thedirect supervision of women.

Proper regard shall be paid to the special treatment due to minors.Protected persons who are detained shall have the right to be visited

by delegates of the Protecting Power and of the International Committeeof the Red Cross, in accordance with the provisions of Article 143.

Such persons shall have the right to receive at least one relief parcelmonthly.

SECTION IV REGULATIONS FOR THE TREATMENT OFINTERNEES

Article 108 [security measures. internment; right of appeal]Internees shall be allowed to receive, by post or by any other means,

individual parcels or collective shipments containing in particularfoodstuffs, clothing, medical supplies, as well as books and objects ofa devotional, educational or recreational character which may meet theirneeds. Such shipments shall in no way free the Detaining Power fromthe obligations imposed upon it by virtue of the present Convention.

Should military necessity require the quantity of such shipments tobe limited, due notice thereof shall be given to the Protecting Powerand to the International Committee of the Red Cross, or to any otherorganization giving assistance to the internees and responsible for theforwarding of such shipments.

The conditions for the sending of individual parcels and collectiveshipments shall, if necessary, be the subject of special agreementsbetween the Powers concerned, which may in nocase delay the receipt by the internees of relief supplies. Parcels ofclothing and foodstuffs may not include books. Medical relief suppliesshall, as a rule, be sent in collective parcels.

SECTION V INFORMATION BUREAUX AND CENTRALAGENCY

PART IV EXECUTION OF THE CONVENTIONArticle 143 [supervision]

Representatives or delegates of the Protecting Powers shall havepermission to go to all places where protected persons are, particularlyto places of internment, detention and work.

They shall have access to all premises occupied by protected personsand shall be able to interview the latter without witnesses, personallyor through an interpreter.

Such visits may not be prohibited except for reasons of imperativemilitary necessity, and then only as an exceptional and temporarymeasure. Their duration and frequency shall not be restricted.

Such representatives and delegates shall have full liberty to selectthe places they wish to visit. The Detaining or Occupying Power, theProtecting Power and when occasion arisesthe Power of origin of the persons to be visited, may agreethat Compatriots of the internees shall be permitted to participate inthe visits.

The delegates of the International Committee of the Red Cross shallalso enjoy the above prerogatives. The appointment of such delegatesshall be submitted to the approval of the Power governing the territorieswhere they will carry out their duties.


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1 H.5 PROTOCOL ADDITIONAL TO THE GENEVA CONVENTION OF 12 AUGUST 1949, ANDRELATING TO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS(PROTOCOL I)

-adopted on 8 June 1977 at Geneva-entered into force on 7 December 1978-ratifications, etc.: 161 as per 15 July 2004-excerpts of 102 articles

1 H.5 PROTOCOL ADDITIONAL TO THE GENEVA CONVENTION OF 12 AUGUST 1949, AND RELATINGTO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS (PROTOCOL I)

PART I GENERAL PROVISIONSArticle 1 General principles and scope of application

1. The High Contracting Parties undertake to respect and to ensurerespect for this Protocol in all circumstances.

2. In cases not covered by this protocol or by other internationalagreements, civilians and combatants remain under the protection andauthority of the principles of international law derived from establishedcustom, from the principles of humanity and from the dictates of publicconscience.

3. This Protocol, which supplements the Geneva Conventions of 12August 1949 for the protection of wart victims, shall apply in thesituations referred to in Article 2 common to those Conventions.

4. The situations referred to in the preceding paragraph include armedconflicts in which peoples are fighting against colonial domination andalien occupation and against racist regimes in the exercise of their rightof self-determination, as enshrined in the Charter of the United Nationsand the Declaration on Principles of International Law concerningFriendly Relations and Co-operation among States in accordance withthe Charter of the United Nations.

PART. II WOUNDED, SICK AND SHIPWRECKEDArticle 10 Protection and care

1. All the wounded, sick and shipwrecked, to whichever Party theybelong, shall be respected and protected.

2. In all circumstances they shall be treated humanely and shallreceive, to the fullest extent practicable and with the least possible delay,the medical care and attention required by their condition. There shallbe no distinction among them founded on any grounds other thanmedical ones.

Article 16 General protection of medical duties1. Under no circumstances shall any person be punished for carrying

out medical activities compatible with medical ethics, regardless ofthe person benefiting therefrom.

2. Persons engaged in medical activities shall not be compelled toperform acts or to carry out work contrary to the rules of medical ethicsor to other medical rules designed for the benefitof the wounded and sick or to the provisions of the Conventions or ofthis Protocol, or to refrain from performing acts or from carrying outwork required by those rules and provisions.

3. No person engaged in medical activities shall be compelled togive to anyone belonging either to an adverse Party, or to his own Partyexcept as required by the law of the latter Party, any informationconcerning the wounded and sick who are, or who have been, underhis care, if such information would, in his opinion, prove harmful tothe patients concerned or to their families. Regulations for thecompulsory notification of communicable diseases shall, however, berespected.

Article 17 Role of the civilian population and of aid societies1. The civilian population shall respect the wounded, sick and

shipwrecked, even if they belong to the adverse Party, and shall commitno act of violence against them. The civilian population and aid societies,such as national Red Cross (Red Crescent, Red Lion and Sun) Societies,shall be permitted, even on their own initiative, to collect and care forthe wounded, sick and shipwrecked, even if invaded or occupied areas.No one shall be harmed, prosecuted, convicted or punished for suchhumanitarian acts.

2. The Parties to the conflict may appeal to the civilian populationand the aid societies referred to in paragraph 1 to collect and care forthe wounded, sick and shipwrecked, and to search for the dead and

report their location; they shall grant both protection and the necessaryfacilities to those who respond to this appeal. If the adverse Party gainsor regains control of the area, that Party also shall afford the sameprotection and facilities for so long as they are needed.

PART III METHODS AND MEANS OF WARFARECOMBATANT AND PRISONERS-OF-WAR

PART IV CIVILIAN POPULATIONSECTION 1GENERAL PROTECTION AGAINST EFFECTS OF

HOSTILITIES Article 48 Basic Rule

In order to ensure respect for and protection of the civilian populationand civilian objects, the Parties to the conflict shall at all timesdistinguish between the civilian population and combatants and betweencivilian objects and military objectives and accordingly shall directtheir operations only against military objectives.

Article 49 Definition of attacks and scope of application1. “Attacks” means acts of violence against the adversary, whether

in offence or in defence.2. The provisions of this Protocol with respect to attacks apply to all

attacks in whatever territory conducted, including the national territorybelonging to a Party to the conflict but under control of an adverseParty.

3. The provisions of this Section apply to any land, air or sea warfarewhich may affect the civilian population, individual civilians or civilianobjects on land. They further apply to all attacks from the sea or fromthe air against objectives on land but do not otherwise affect the rulesof international law applicable in armed conflict at sea or in the air.

4. The provisions of this section are additional to the rules concerninghumanitarian protection contained in the Fourth Convention,particularly in Part II thereof, and in other international agreementsbinding upon the High Contracting Parties, as well as to other rules ofinternational law relating to the protection of civilians and civilianobjects on land, at sea or in the air against the effects of hostilities.

Article 50 Definition of civilians and civilian population1. A civilian is any person who does not belong to one of the

categories of persons referred to in Article 4 A 1, 2, 3, and 6, of theThird Convention and in Article 43 of this Protocol. In case of doubtwhether person is a civilian, that person shall be considered to be acivilian.

2. The civilian population comprises all persons who are civilians3. The presence within the civilian population of individuals who

do not come within the definition of civilians does not deprive thepopulation of its civilian character.

Article 51 Protection of the civilian population1. The civilian population and individual civilians shall enjoy general

protection against dangers arising from military operations. To giveeffect to this protection, the following rules, which are additional toother applicable rules of international law, shall be observed in allcircumstances.

2. The civilian population as such, as well as individual civilians,shall not be the object of attack. Acts or threats of violence the primarypurpose of which is to spread terror among the civilian population areprohibited.

3. Civilians shall enjoy the protection afforded by this Section, unlessand for such times as they take direct part in hostilities.

120 1 H.5 PROTOCOL ADDITIONAL TO THE GENEVA CONVENTION OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS (PROTOCOL I)

4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:a) those which are not directed at a specific military objective;b) those which employ a method or means of combat which cannot bedirected at a specific military objective; orc) those which employ a method or means of combat the effects ofwhich cannot be limited as required by this Protocol;and consequently, in each such case, are of a nature to strike militaryobjectives and civilians or civilian objects without distinction.

5. Among others, the following types of attacks are to be consideredas indiscriminate:a) an attack by bombardment by any methods or means which treats asa single military objective a number of clearly separated and distinctmilitary objectives located in a city, town, village or other areacontaining a similar concentration of civilians or civilian objects; andb) an attack which may be expected to cause incidental loss of civilianlife, injury to civilians, damage to civilian objects, or a combinationthereof, which would be excessive in relation to the concrete and directmilitary advantage anticipated.

6. Attacks against the civilian population or civilians by way ofreprisals are prohibited.

7. The presence or movements of the civilian population or individualcivilians shall not be used to render certain points or areas immunefrom military operations, in particular in attempts to shield militaryobjectives from attacks or to shield, favour or impede militaryoperations. The Parties to the conflict shall not direct the movement ofthe civilian population or individual civilians in order to attempt toshield military objectives from attacks or to shield military operations.

8. Any violation of these prohibitions shall not release the Parties tothe conflict from their legal obligations with respect to the civilianpopulation and civilians, including the obligation to take precautionarymeasures provided for in Article 57.

Article 52 General protection of civilian objects1. Civilian objects shall not be the object of attack or of reprisals.

Civilian objects are all objects which are not military objectives asdefined in paragraph 2.

2. Attacks shall be limited strictly to military objectives. In so far asobjects are concerned, military objectives are limited to those objectswhich by their nature, location, purpose or use make an effectivecontribution to military action and whose total or partial destruction,capture or neutralization, in the circumstances ruling at the time, offersa definite military advantage.

3. In case of doubt whether an object which is normally dedicated tocivilian purposes, such as a place of worship, a house or other dwellingor a school, is being used to make an effective contribution to militaryaction, is shall be presumed not to be so used.

Article 53 Protection of cultural objects and of places of worshipWithout prejudice to the provisions of the Hague Convention for the

Protection of Cultural Property in the Event of Armed Conflict of 14May 1954, and of other relevant instruments, is prohibited:a) to commit any acts of hostility directed against the historicmonuments, works of art or places of worship which constitute thecultural or spiritual heritage of the peoples;b) to use such objects in support of the military effort;c) to make such objects the object of reprisals.

Article 54 Protection of objects indispensable to the survival ofthe civilian population

1. Starvation of civilians as a method of warfare is prohibited.2. It is prohibited to attack, destroy, remove, or render useless objects

indispensable to the survival of the civilian population, such asfoodstuffs, crops, livestock, drinking water installations and suppliesand irrigation works, for the specific purpose of denying them for theirsustenance value to the civilian population or to the adverse Party,whatever the motive, whether in order to starve out civilians, to causethem to move away, or for any other motive.

3. The prohibitions in paragraph 2 shall not apply to such of theobjects covered by it as are used by an adverse Party:a) as sustenance solely for the members of its armed forces; orb) if not as sustenance, then in direct support of military action, provide,however, that in no event shall actions against these objects be takenwhich may be expected to leave the civilian population with such

inadequate food or water as to cause its starvation or force its movement.4. These objects shall not be made the object of reprisals.5. In recognition of the vital requirements of any Party to the conflict

in the defence of its national territory against invasion, derogation fromthe prohibitions contained in paragraph 2 may be made by a Party tothe conflict within such territory under its own control where requiredby imperative military necessity.

Article 55 Protection of the natural environment1. Care shall be taken in warfare to protect the natural environment

against widespread, long-term and severe damage. This protectionincludes a prohibition of the use of methods or means of warfare whichare intended or may be expected to cause such damage to the naturalenvironment and thereby to prejudice the health or survival of thepopulation.

2. Attacks against the natural environment by way of reprisals areprohibited.

Article 58 Precautions against the effects of attacksThe Parties to the conflict shall, to the maximum extent feasible:

a) without prejudice to Article 49 of the Fourth Convention, endeavourto remove the civilian population, individual civilians and civilianobjects under their control from the vicinity of military objectives;b) avoid locating military objectives within or near densely populatedareas;c) take other necessary precautions to protect the civilian population,individual civilians and civilian objects under their control against thedangers resulting from military operations.

SECTION II RELIEF IN FAVOUR OF THE CIVILIANPOPULATION

Article 68 Field of applicationThe provisions of this Section apply to the civilian population as

defined in this Protocol and are supplementary to Articles 23, 55, 59,60, 61 and 62 and other relevant provisions of the Fourth Convention.

Article 69 Basic needs in occupied territories1. In addition to the duties specified in Article 55 of the Fourth

Convention concerning food and medical supplies, the OccupyingPower shall, to the fullest extent of the means available to it and withoutany adverse distinction, also ensure the provision of clothing, bedding,means of shelter, other supplies essential to the survival of the civilianpopulation of the occupied territory and objects necessary for religiousworship.

2. Relief actions for the benefit of the civilian population of occupiedterritories are governed by Articles 59, 60, 61, 62, 108, 109, 110 and111 of the Fourth Convention, and by Article 71 of this Protocol, andshall be implemented without delay.

Article 71 Personnel participating in relief actions1. Where necessary, relief personnel may form part of the assistance

provided in any relief action, in particular for the transportation anddistribution of relief consignments; the participation of such personnelshall be subject to the approval of the Party in whose territory they willcarry out their duties.

2. Such personnel shall be respected and protected.3. Each Party in receipt of relief consignments shall, to the fullest

extent practicable, assist the relief personnel referred to in paragraph 1in carrying out their relief mission. Only in case of imperative militarynecessity may the activities of the relief personnel be limited or theirmovements temporarily restricted.

4. Under no circumstances may relief personnel exceed the terms oftheir mission under this Protocol. In particular they shall take accountof the security requirements of the Party in whose territory they arecarrying out their duties. The mission of any of the personnel who donot respect these conditions may be terminated.

SECTION III TREATMENT OF PERSONS IN THE POWER OFA PARTY TO THE CONFLICT

Article 72 Field of applicationThe provisions of this Section are additional to the rules concerning

humanitarian protection of civilians and civilian objects in the powerof a Party to the conflict contained in the Fourth Convention, particularly

1211 H.5 PROTOCOL ADDITIONAL TO THE GENEVA CONVENTION OF 12 AUGUST 1949, AND RELATINGTO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS (PROTOCOL I)

Parts I and III thereof, as well as to other applicable rules of internationallaw relating to the protection of fundamental human rights duringinternational armed conflict.

Article 73 Refugees and stateless personsPersons who, before the beginning of hostilities, were considered as

stateless persons or refugees under the relevant international instrumentsaccepted by the Parties concerned or under the national legislation ofthe State of refuge or State of residence shall be protected persons withinthe meaning of Parts I and III of the Fourth Convention, in allcircumstances and without any adverse distinction.

Article 75 Fundamental guarantees1. In so far as they are affected by a situation referred to in Article 1

of this Protocol, persons who are in the power of a Party to the conflictand who do not benefit from more favourable treatment under theConventions or under this Protocol shall be treated humanely in allcircumstances and shall enjoy, as a minimum, the protection providedby this Article without any adverse distinction based upon race, colour,sex, language, religion or belief, political or other opinion, national orsocial origin, wealth, birth or other status, or on any other similar criteria.Each Party shall respect the person, honour, convictions and religiouspractices of all such persons.

2. The following acts are and shall remain prohibited at any timeand in any place whatsoever, whether committed by civilian or bymilitary agents:a) violence to the life, health, or physical or mental well-being ofpersons, in particular:i) murder;ii) torture of all kinds, whether physical or mental;iii) corporal punishment; andiv) mutilation;b) outrages upon personal dignity, in particular humiliating anddegrading treatment, enforced prostitution and any form of indecentassault;c) the taking of hostages;d) collective punishments; ande) threats to commit any of the foregoing acts.

3. Any persons arrested, detained or interned for actions related tothe armed conflict shall be informed promptly, in a language heunderstands, of the reasons why these measures have been taken. Exceptin cases of arrest or detention for penal offences, such persons shall bereleased with the minimum delay possible and in any event as soon asthe circumstances justifying the arrest, detention or internment haveceased to exist.

4. No sentence may be passed and no penalty may be executed on aperson found guilty of a penal offence related to the armed conflictexcept pursuant to a conviction pronounced by an impartial and regularlyconstituted court respecting the generally recognized principles ofregular judicial procedure, which include the following:a) the procedure shall provide for an accused to be informed withoutdelay of the particulars of the offence alleged against him and shallafford the accused before and during his trial all necessary rights andmeans of defence;b) no one shall be convicted of an offence except on the basis ofindividual penal responsibility;c) no one shall be accused or convicted of a criminal offence on accountof any act or omission which did not constitute a criminal offence underthe national or international law to which he was subject at the timewhen it was committed; nor shall a heavier penalty be imposed thanthat which was applicable at the time when the criminal offence wascommitted; if, after the commission of the offence, provision is madeby law for the imposition of a lighter penalty, the offender shall benefitthereby;d) anyone charged with an offence is presumed innocent until provedguilty according to law;e) anyone charged with an offence shall have the right to be tried in hispresence;f) no one shall be compelled to testify against himself or to confessguilt;g) anyone charged with an offence shall have the right to examine, orhave examined, the witnesses against him and to obtain the attendanceand examination of witnesses on his behalf under the same conditionsas witnesses against him;

h) no one shall be prosecuted or punished by the same Party for anoffence in respect of which a final judgement acquitting or convictingthat person has been previously pronounced under the same law andjudicial procedure;i) anyone prosecuted for an offence shall have the right to have thejudgement pronounced publicly; andj) a convicted person shall be advised on conviction of his judicial andother remedies and of the time-limits within which they may beexercised.

5. Women whose liberty has been restricted for reasons related tothe armed conflict shall be held in quarters separated from men’squarters. They shall be under the immediate supervision of women.Nevertheless, in cases where families are detained or interned, theyshall, whenever possible, be held in the same place and accommodatedas family units.

6. Persons who are arrested, detained or interned for reasons relatedto the armed conflict shall enjoy the protection provided by this Articleuntil final release, repatriation or re~establishment, even after the endof the armed conflict.

7. In order to avoid any doubt concerning the prosecution and trialof persons accused of war crimes or crimes against humanity, thefollowing principles shall apply:a) persons who are accused of such crimes should be submitted for thepurpose of prosecution and trial in accordance with the applicable rulesof international law; andb) any such persons who do not benefit from more favourable treatmentunder the Conventions or this Protocol shall be accorded the treatmentprovided by this Article, whether or not the crimes of which they areaccused constitute grave breaches of the Conventions or of this Protocol.

8. No provision of this Article may be construed as limiting orinfringing any other more favourable provision granting greaterprotection, under any applicable rules of international law, to personscovered by paragraph I.

Article 76 Protection of women1. Women shall be the object of special respect and shall be protected

in particular against rape, forced prostitution and any other forms ofindecent assault.

2. Pregnant women and mothers having dependent infants who arearrested, detained or interned for reasons related to the armed conflict,shall have their cases considered with the utmost priority.

3. To the maximum extent feasible, the Parties to the conflict shallendeavour to avoid the pronouncement of the death penalty on pregnantwomen or mothers having dependent infants, for an offence related tothe armed conflict. The death penalty for such offences shall not beexecuted on such women.

Article 77 Protection of children1. Children shall be the object of special respect and shall be protected

against any form of indecent assault. The Parties to the conflict shallprovide them with the care and aid they require, whether because oftheir age or for any other reason.

2. The Parties to the conflict shall take all feasible measures in orderthat children who have not attained the age of fifteen years do not takea direct part in hostilities and, in particular, they shall refrain fromrecruiting them into their armed forces. In recruiting among thosepersons who have attained the age of fifteen years but who have notattained the age of eighteen years, the Parties to the conflict shallendeavour to give priority to those who are oldest.

3. If, in exceptional cases, despite the provisions of paragraph 2,children who have not attained the age of fifteen years take a directpart in hostilities and fall into the power of an adverse Party, they shallcontinue to benefit from the special protection accorded by this Article,whether or not they are prisoners of war.

4. If arrested, detained or interned for reasons related to the armedconflict, children shall be held in quarters separated from the quartersof adults, except where families are accommodated as family units asprovided in Article 75, paragraph 5.

5. The death penalty for an offence related to the armed conflictshall not be executed on persons who had not attained the age of eighteenyears at the time the offence was committed.

122 1 H.5 PROTOCOL ADDITIONAL TO THE GENEVA CONVENTION OF 12 AUGUST 1949, AND RELATING TO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS (PROTOCOL I)

Article 79 Measures of protection for journalists1. Journalists engaged in dangerous professional missions in areas

of armed conflict shall be considered as civilians within the meaningof Article 50, paragraph l.

2. They shall be protected as such under the Conventions and thisProtocol, provided that they take no action adversely affecting theirstatus as civilians, and without prejudice to the right of warcorrespondents accredited to the armed forces to the status providedfor in Article 4 A 4) of the Third Convention.

3. They may obtain an identity card similar to the model in Annex IIof this Protocol. This card, which shall be issued by the government ofthe State of which the journalist is a national or in whose territory heresides or in which the news medium employing him is located, shallattest to his status as a journalist.

PART V EXECUTION OF THE CONVENTIONS AND OFTHIS PROTOCOL

SECTION I GENERAL PROVISIONSArticle 81 Activities of the Red Cross and other humanitarian

organizations1. The Parties to the conflict shall grant to the International

Committee of the Red Cross all facilities within their power so as toenable it to carry out the humanitarian functions assigned to it by theConventions and this Protocol in order to ensure protection andassistance to the victims of conflicts; the International Committee ofthe Red Cross may also carry out any other humanitarian activities infavour of these victims, subject to the consent of Parties to the conflictconcerned.

2. The Parties to the conflict shall grant to their respective Red Cross(Red Crescent, Red Lion and Sun) organizations the facilities necessaryfor carrying out their humanitarian activities in favour of the victims ofthe conflict, in accordance with the provisions of the Conventions andthis Protocol and the Fundamental Principles of the Red Cross asformulated by the International Conferences of the Red Cross.

3. The High Contracting Parties and the Parties to the conflict shallfacilitate in every possible way the assistance which Red Cross (RedCrescent, Red Lion and Sun) organizations and the League of Red CrossSocieties extend to the victims of conflicts in accordance with theprovisions of the Conventions and this Protocol and with theFundamental Principles of the Red Cross as formulated by theInternational Conferences of the Red Cross.

4. The High Contracting Parties and the Parties to the conflict shall,as far as possible, make facilities similar to those mentioned inparagraphs 2 and 3 available to the other humanitarian organizationsreferred to in the Conventions and this Protocol which are dulyauthorized by the respective Parties to the conflict and which performtheir humanitarian activities in accordance with the provisions of theConventions and this Protocol.

SECTION II REPRESSION OF BREACHES OF THE CON-VENTIONS AND OF THIS PROTOCOL

Article 90 International Fact-Finding Commission1. a) An International Fact-Finding Commission (hereinafter referred

to as “The Commission”) consisting of fifteen members of high moralstanding and acknowledged impartiality shall be established.b) When not less than twenty High Contracting Parties have agreed toaccept the competence of the Commission pursuant to paragraph 2, thedepositary shall then, and at intervals of five years thereafter, convenea meeting of representatives of those High Contracting Parties for thepurpose of electing the member of the Commission. At the meeting,the representatives shall elect the members of the Commission by secretballot from a list of persons to which each of those High ContractingParties may nominate one person.c) The members of the Commission shall serve in their personal capacityand shall hold office until the election of new members at the ensuingmeeting.d) At the election, the High Contracting Parties shall ensure that thepersons to be elected to the Commission individually possess thequalifications required and that, in the Commission as a whole, equitablegeographical representation is assured.e) In the case of a casual vacancy, the Commission itself shall fill thevacancy, having due regard to the provisions of the preceding sub-paragraphs.

f) The depositary shall make available to the Commission the necessaryadministrative facilities for the performance of its functions.

2. a) The High Parties may at the time of signing, ratifying oracceding to the Protocol, or at any other subsequent time, declare thatthey recognize ipso facto and without special agreement in relation toany other High Contracting Party accepting the same obligation, thecompetence of the Commission to enquire into allegations by such otherParty, as authorized by this Article.b) The declaration referred to above shall be deposited with thedepositary, which shall transmit copies thereof to the High ContractingParties.c) The Commission shall be competent to:i) enquire into any facts alleged to be a grave breach as defined in the

Conventions and this Protocol or other serious violation of theConvention or of this Protocol;

ii)facilitate, through its good offices, the restoration of an attitude ofrespect for the Conventions and this Protocol.

d) In other situations, the Commission shall institute an enquiry at therequest of a Party to the conflict only with the other Party or Partiesconcerned.e) Subject to the foregoing provisions of this paragraph, the provisionsof Article 52 of the First Convention, Article 53 of the SecondConvention, Article 132 of the Convention and Article 149 of the FourthConvention shall continue to apply to any alleged violation of theConventions and shall extend to any alleged violation of this Protocol.

3. a) Unless otherwise agreed by the Parties concerned, allenquiries shall be undertaken by a Chamber consisting of sevenmembers appointed as follows:i) five members of the Commission, not nationals of any Party to the

conflicts, appointed by the President of the Commission on the basisof equitable representation of the geographical areas, after consultingwith the Parties to the conflict;

ii) two ad hoc members, not nationals of any Party to the conflict, oneto be appointed by each side.

b) Upon receipt of the request for an enquiry, the President of theCommission shall specify an appropriate time-limit for setting up aChamber. If any ad hoc member has not been appointed within thetime-limit, the President shall immediately appoint such additionalmember or members of the Commission as may be necessary tocomplete the membership of the Chamber.

4. a) The Chamber set up under paragraph 3 to undertake anenquiry shall invite the Parties to the conflict to assist it and to presentevidence. The Chamber may also seek such other evidence as it deemsappropriate and may out an investigation of the situation in loco.b) All evidence shall be fully disclosed to the Parties, which shall havethe right to comment on it to the Commission.c) Each Party shall have the right to challenge such evidence.

5. a) The Commission shall submit to the Parties a report on thefindings of fact of the Chamber, with such recommendations as it maydeem appropriate.b) If the Chamber is unable to secure sufficient evidence for factualand impartial findings, the Commission shall state the reasons for thatinstability.c) The Commission shall not report its findings publicly, unless all theParties to the conflict have requested the Commission to do so.

6. The Commission shall establish its own rules, including rules forthe presidency of the Commission and the presidency of the Chamber.Those rules shall ensure that the functions of the President of theCommission are exercised at all times and that, in the case of an enquiry,they are exercised by a person who is not a national of a Party to theconflict.

7. The administrative expenses of the Commission shall be met bythe contributions from the High Contracting Parties which madedeclarations under paragraph 2, and by voluntary contributions. TheParty or Parties to the conflict requesting an enquiry shall advance thenecessary funds for expenses incurred by a Chamber and shall bereimbursed by the Party or Parties against which the allegations aremade to the extent of fifty per cent of the costs of the Chamber. Wherethere are counter-allegations before the Chamber each side shall advancefifty per cent of the necessary funds.

PART VI FINAL RESOLUTIONS

123

1 H.6 PROTOCOL ADDITIONAL TO THE GENEVA CONVENTION OF 12 AUGUST 1949, ANDRELATING TO THE PROTECTION OF VICTIMS OF NON-INTERNATIONAL ARMEDCONFLICTS (PROTOCOL II)

-adopted on 8 June 1977 at Geneva-entered into force on 7 December 1978-excerpts of 28 articles-ratifications, etc.: 156 as per 15 July 2004

1 H.6 PROTOCOL ADDITIONAL TO THE GENEVA CONVENTION OF 12 AUGUST 1949, AND RELATING TO THEPROTECTION OF VICTIMS OF NON-INTERNATIONAL ARMED CONFLICTS (PROTOCOL II)

PREAMBLEThe High Contracting Parties,Recalling that the humanitarian principles enshrined in Article 3

common to the Geneva Conventions of 12 August 1949, constitute thefoundation of respect for the human person in cases of armed conflictnot of an international character,

Recalling furthermore that international instruments relating tohuman rights offer a basic protection to the human person,

Emphasizing the need to ensure a better protection for the victims ofthose armed conflicts,

Recalling that, in cases not covered by the law in force, the humanperson remains under the protection of the principles of humanity andthe dictates of the public conscience,

Have agreed on the following:

PART I SCOPE OF THIS PROTOCOLArticle 1 Material field of application

1. This Protocol, which develops and supplements Article 3 commonto the Geneva Conventions of 12 August 1949 without modifying itsexisting conditions of application, shall apply to all armed conflictswhich are not covered by Article 1 of the Protocol Additional to theGeneva Conventions of 12 August 1949, and relating to the Protectionof Victims of International Armed Conflicts (Protocol I) and whichtake place in the territory of a High Contracting Party between its armedforces and dissident armed forces or other organized armed groupswhich, under responsible command, exercise such control over a partof its territory as to enable them to carry out sustained and concertedmilitary operations and to implement this Protocol.

2. This Protocol shall not apply to situations of internal disturbancesand tensions, such as riots, isolated and sporadic acts of violence andother acts of a similar nature, as not being armed conflicts.

Article 2 Personal field of application1. This Protocol shall be applied without any adverse distinction

founded on race, colour, sex, language, religion or belief, political orother opinion, national or social origin, wealth, birth or other status, oron any other similar criteria (hereinafter referred to as “adversedistinction”) to all persons affected by an armed conflict as defined inArticle 1.

2. At the end of the armed conflict, all the persons who have beendeprived of their liberty or whose liberty has been restricted for reasonsrelated to such conflict, as well as those deprived of their liberty orwhose liberty is restricted after the conflict for the same reasons, shallenjoy the protection of Articles 5 and 6 until the end of such deprivationor restriction of liberty.

Article 3 Non-intervention1. Nothing in this Protocol shall be invoked for the purpose of

affecting the sovereignty of a State or the responsibility of thegovernment, by all legitimate means, to maintain or re-establish lawand order in the State or to defend the national unity and territorialintegrity of the State.

2. Nothing in this Protocol shall be invoked as a justification forintervening, directly or indirectly, for any reason whatever, in the armedconflict or in the internal or external affairs of the High ContractingParty in the territory of which that conflict occurs.

PART II HUMANE TREATMENTArticle 4 Fundamental guarantees

1. All persons who do not take a direct part or who have ceased totake part in hostilities, whether or not their liberty has been restricted,are entitled to respect for their person, honour and convictions andreligious practices. They shall in all circumstances be treated humanely,without any adverse distinction. It is prohibited to order that there shallbe no survivors.

2. Without prejudice to the generality of the foregoing, the followingacts against the persons referred to in paragraph 1 are and shall remainprohibited at any time and in any place whatsoever:a) violence to the life, health and physical or mental well-being ofpersons, in particular murder as well as cruel treatment such as torture,mutilation or any form of corporal punishment;b) collective punishments;c) taking of hostages;d) acts of terrorism;e) outrages upon personal dignity, in particular humiliating anddegrading treatment, rape, enforced prostitution and any form ofindecent assault;f) slavery and the slave trade in all their forms;g) pillage;h) threats to commit any of the foregoing acts.

3. Children shall be provided with the care and aid they require, andin particular:a) they shall receive an education, including religious and moraleducation, in keeping with the wishes of their parents, or in the absenceof parents, of those responsible for their care;b) all appropriate steps shall be taken to facilitate the reunion of familiestemporarily separated;c) children who have not attained the age of fifteen years shall neitherbe recruited in the armed forces or groups nor be allowed to take partin hostilities;d) the special protection provided by this Article to children who havenot attained the age of fifteen years shall remain applicable to them ifthey take a direct part in hostilities despite the provisions of sub-paragraph (c) and are captured;e) measures shall be taken, if necessary, and whenever possible withthe consent of their parents or persons who by law or custom areprimarily responsible for their care, to remove children temporarilyfrom the area in which hostilities are taking place to a safer area withinthe country and ensure that they are accompanied by persons responsiblefor their safety and well-being.

Article 5 Persons whose liberty has been restricted1. In addition to the provisions of Article 4, the following provisions

shall be respected as a minimum with regard to persons deprived oftheir liberty for reasons related to the armed conflict, whether they areinterned or detained:a) the wounded and the sick shall be treated in accordance with Article7;b) the persons referred to in this paragraph shall, to the same extent asthe local civilian population, be provided with food and drinking waterand be afforded safeguards as regards health and hygiene and protectionagainst the rigours of the climate and the dangers of the armed conflict;c) they shall be allowed to receive individual or collective relief;d) they shall be allowed to practise their religion and, if requested andappropriate, to receive spiritual assistance from persons, such aschaplains, performing religious functions;e) they shall, if made to work, have the benefit of working conditionsand safeguards similar to those enjoyed by the local civilian population.

124 1 H.6 PROTOCOL ADDITIONAL TO THE GENEVA CONVENTION OF 12 AUGUST 1949, AND RELATING TO THEPROTECTION OF VICTIMS OF NON-INTERNATIONAL ARMED CONFLICTS (PROTOCOL II)

2. Those who are responsible for the internment or detention of thepersons referred to in paragraph 1 shall also, within the limits of theircapabilities, respect the following provisions relating to such persons:a) except when men and women of a family are accommodated together,women shall be held in quarters separated from those of men and shallbe under the immediate supervision of women;b) they shall be allowed to send and receive letters and cards, the numberof which may be limited by competent authority if it deems necessary;c) places of internment and detention shall not be located close to thecombat zone. The persons referred to in paragraph l shall be evacuatedwhen the places where they are interned or detained become particularlyexposed to danger arising out of the armed conflict, if their evacuationcan be carried out under adequate conditions of safety;d) they shall have the benefit of medical examinations;e) their physical or mental health and integrity shall not be endangeredby any unjustified act or omission. Accordingly, it is prohibited tosubject the persons described in this Article to any medical procedurewhich is not indicated by the state of health of the person concerned,and which is not consistent with the generally accepted medicalstandards applied to free persons under similar medical circumstances.

3. Persons who are not covered by paragraph l but whose liberty hasbeen restricted in any way whatsoever for reasons related to the armedconflict shall be treated humanely in accordance with Article 4 andwith paragraphs 1 (a), (c) and (d), and 2 (b) of this Article.

4. If it is decided to release persons deprived of their liberty, necessarymeasures to ensure their safety shall be taken by those so deciding.

Article 6 Penal prosecutions1. This Article applies to the prosecution and punishment of criminaloffences related to the armed conflict.2. No sentence shall be passed and no penalty shall be executed on a

person found guilty of an offence except pursuant to a convictionpronounced by a court offering the essential guarantees of independenceand impartiality. In particular:a) the procedure shall provide for an accused to be informed withoutdelay of the particulars of the offence alleged against him and shallafford the accused before and during his trial all necessary rights andmeans of defence;b) no one shall be convicted of an offence except on the basis ofindividual penal responsibility;c) no one shall be held guilty of any criminal offence on account of anyact or omission which did not constitute a criminal offence, under thelaw, at the time when it was committed; nor shall a heavier penalty beimposed than that which was applicable at the time when the criminaloffence was committed; if, after the commission of the offence,provision is made by law for the imposition of a lighter penalty, theoffender shall benefit thereby;d) anyone charged with an offence is presumed innocent until provedguilty according to law;e) anyone charged with an offence shall have the right to be tried in hispresence;f) no one shall be compelled to testify against himself or to confessguilt.

3. A convicted person shall be advised on conviction of his judicialand other remedies and of the time-limits within which they may beexercised.

4. The death penalty shall not be pronounced on persons who wereunder the age of eighteen years at the time of the offence and shall notbe carried out on pregnant women or mothers of young children.

5. At the end of hostilities, the authorities in power shall endeavourto grant the broadest possible amnesty to persons who have participatedin the armed conflict, or those deprived of their liberty for reasons relatedto the armed conflict, whether they are interned or detained.

PART III WOUNDED, SICK AND SHIPWRECKEDArticle 7 Protection and care

1. All the wounded, sick and shipwrecked, whether or not they havetaken part in the armed conflict, shall be respected and protected.

2. In all circumstances they shall be treated humanely and shallreceive, to the fullest extent practicable and with the least possible delay,the medical care and attention required by their condition. There shallbe no distinction among them founded on any grounds other thanmedical ones.

Article 8 SearchWhenever circumstances permit and particularly after an

engagement, all possible measures shall be taken, without delay, tosearch for and collect the wounded, sick and shipwrecked, to protectthem against pillage and ill-treatment, to ensure their adequate care,and to search for the dead, prevent their being despoiled, and decentlydispose of them.

Article 10 General protection of medical duties1. Under no circumstances shall any person be punished for having

carried out medical activities compatible with medical ethics, regardlessof the person benefiting therefrom.

2. Persons engaged in medical activities shall neither be compelledto perform acts or to carry out work contrary to, nor be compelled torefrain from acts required by, the rules of medical ethics or other rulesdesigned for the benefit of the wounded and sick, or this Protocol.

3. The professional obligations of persons engaged in medicalactivities regarding information which they may acquire concerningthe wounded and sick under their care shall, subject to national law, berespected.

4. Subject to national law, no person engaged in medical activitiesmay be penalized in any way for refusing or failing to give informationconcerning the wounded and sick who are, or who have been, underhis care.

Article 11 Protection of medical units and transports1. Medical units and transports shall be respected and protected at

all times and shall not be the object of attack.2. The protection to which medical units and transports are entitled

shall not cease unless they are used to commit hostile acts, outsidetheir humanitarian function. Protection may, however, cease only aftera warning has been given setting, whenever appropriate, a reasonabletime-limit, and after such warning has remained unheeded.

PART IV CIVILIAN POPULATIONArticle 13 Protection of the civilian population

1. The civilian population and individual civilians shall enjoy generalprotection against the dangers arising from military operations. To giveeffect to this protection, the following rules shall be observed in allcircumstances.

2. The civilian population as such, as well as individual civilians,shall not be the object of attack. Acts or threats of violence the primarypurpose of which is to spread terror among the civilian population areprohibited.

3. Civilians shall enjoy the protection afforded by this Part, unlessand for such time as they take a direct part in hostilities.

Article 14 Protection of objects indispensable to the survival ofthe civilian population

Starvation of civilians as a method of combat is prohibited. It istherefore prohibited to attack, destroy, remove or render useless, forthat purpose, objects indispensable to the survival of the civilianpopulation, such as foodstuffs, agricultural areas for the production offoodstuffs, crops, livestock, drinking water installations and suppliesand irrigation works.

Article 16 Cultural objects and places of worshipWithout prejudice to the provisions of the Hague Convention for the

Protection of Cultural Property in the Event of Armed Conflict of 14May 1954, it is prohibited to commit any acts of hostility directed againsthistoric monuments, works of art or places of worship which constitutethe cultural or spiritual heritage of peoples, and to use them in supportof the military effort.

Article 17 Prohibition of forced movement of civilians1. The displacement of the civilian population shall not be ordered

for reasons related to the conflict unless the security of the civiliansinvolved or imperative military reasons so demand. Should suchdisplacements have to be carried out, all possible measures shall betaken in order that the civilian population may be received undersatisfactory conditions of shelter, hygiene, health, safety and nutrition.

2. Civilians shall not be compelled to leave their own territory forreasons connected with the conflict.

125

REGIONALHUMAN RIGHTSINSTRUMENTS

126

The African States members of the Organization of African Unity,parties to the present Convention entitled “ African Charter on Humanand Peoples Rights.”

Recalling Decision 115 (XVI) of the Assembly of Heads of Stateand Government at its Sixteenth Ordinary Session held in Monrovia,Liberia, from 17 to 20 July 197 on the preparation of “a preliminarydraft on an African Charter on Human Peoples’ Rights providing interalia for the establishment of bodies to promote and protect human andpeoples’ rights”.

Considering the Charter of the Organization of African Unity, whichstipulates that “freedom, equality, justice and dignity are essentialobjectives for the achievement of the legitimate aspirations of theAfrican peoples”.

Reaffirming the pledge they solemnly made in Article 2 of the saidCharter to eradicate all forms of colonialism from Africa, to co-ordinateand intensity their co-operation and efforts to achieve a better life forthe peoples of Africa and to promote international co-operation havingdue regard to the Charter of the United Nations and UniversalDeclaration of Human Rights;

Taking into consideration the virtues of their historical tradition andthe values of African civilization which should inspire and characterizetheir reflection on the concept of human and peoples’ rights;

Recognizing on the one hand, that fundamental human rights stemfrom the attribute of human beings, which justifies their internationalprotection and on the other hand that the reality and respect of peoplesrights should necessarily guarantee human rights;

Considering that the enjoyment of rights and freedoms also impliesthe performance of duties on the part of everyone;

Convinced that it is henceforth essential to pay a particular attentionto the right to development and that civil and political rights cannot bedissociated from economic, social and cultural rights is a guarantee forthe enjoyment of civil and political rights;

Conscious of their duty to achieve the total liberation of Africa, thepeoples of which are still struggling for their dignity and genuineindependence, and undertaking to eliminate colonialism, neo-colonialism, apartheid, zionism and to dismantle aggressive foreignmilitary bases and all forms of discrimination, particularly those basedon race, ethnic group, colour, sex, language, religion or politicalopinions:

Reaffirming their adherence to the principles of human and peoples’rights and freedoms contained in the declaration, convention and otherinstruments adopted by the Organization of African Unity, theMovement of Non-Aligned Countries and the United Nations;

Firmly convinced of their duty to promote and protect human andpeoples’ rights and freedoms taking in account the importancetraditionally attached to these rights and freedoms in Africa:

PART I RIGHTS AND DUTIESChapter 1 Human and Peoples’ RightsArticle 1 [state obligations]

The Member States of the Organization of African Unity parties tothe present charter shall recognize the rights, duties and freedomsenshrined in this Charter and shall undertake to adopt legislative orother measures to give effect to them.

Article 2 [prohibition of discrimination]Every individual shall be entitled to the enjoyment of the rights and

freedoms recognized and guaranteed in the present Charter withoutdistinction of any kind such as race, ethnic group, colour, sex, language,religion, political or any other opinion, national and social origin,fortune, birth or other status.

Article 3 [right to equality before the law]1. Every individual shall be equal before the law.2. Every individual shall be entitled to equal protection of the law.

Article 4 [right to life and personal integrity]Human beings are inviolable. Every human being shall be entitled

to respect for his life and the integrity of his person. No one may bearbitrarily deprived of this right.

Article 5 [right to dignity, prohibition of torture and slavery]Every individual shall have the right to the respect of the dignity

inherent in a human being and to the recognition of his legal status. Allforms of exploitation and degradation of man particularly slavery, slavetrade, torture, cruel, inhuman or degrading punishment and treatmentshall be prohibited.

Article 6 [right to liberty and security]Every individual shall have the right to liberty and to the security of

his person. No one may be deprived of his freedom except for reasonsand condition previously laid down by law. In particular, no one maybe arbitrarily arrested or detained.

Article 7 [right to a fair trial]1. Every individual shall have the right to have his cause heard. This

comprises:a) The right to an appeal to competent national organs against actsviolating his fundamental rights as recognized and guaranteed byconventions, laws, regulations and customs in force:b) the right to be presumed innocent until proved guilty by a competentcourt or tribunal;c) the right to defence, including the right to be defended by counselof his choice;d) the right to be tried within a reasonable time by an impartial courtor tribunal.

2. No one may be condemned for an act or omission which did notconstitute a legally punishable offence at the time it was committed.No penalty may be inflicted for an offence for which no provision wasmade at the time it was committed Punishment is personal and can beimposed only on the offender.

Article 8 [freedom of conscience and religion]Freedom of conscience, the profession and free practice of religion

shall be guaranteed. No one may, subject to law and order, be submittedto measures restricting the exercise of these freedoms.

Article 9 [freedom of information and expression]1. Every individual shall have the right to receive information.2. Every individual shall have the right to express and disseminate

his opinions within the law.

Article 10 [freedom of association]1. Every individual shall have right to free association provided

that he abides by the law.2. Subject to the obligation of solidarity provided for in Article 29

no one may be compelled to join an association.

Article 11 [freedom of assembly]Every individual shall have they right to assemble freely with

others. The exercise of this right shall be subject only to necessaryrestrictions provided for by law in particular those enacted in theinterest of national security, the safety, health, ethics and rights andfreedoms of others.

Article 12 [freedom of movement, exit, reentry, asylum]1. Every individual shall have the right to freedom of movement

and residence within the borders of a State provided he abides by thelaw.

2. Every individual shall have the right to leave any country including

2 A.1 AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS

-adopted 27 June 1981 by the 18th Assembly of Heads of State of the Organization of African Unity at Nairobi-opened for signature, ratification and accession on 27 June 1981-entered into force on 21 October 1986-ratifications: 53 as per 15 July 2004


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his own, and to return to his country. This right may only be subject torestrictions, provided for by law for the protection of national security,law and order, public health or morality.

3. Every individual shall have the right, when persecuted, to seekand obtain asylum in other countries in accordance with the laws ofthose countries and international conventions.

4. A non-national legally admitted in a territory of a State Party tothe present Charter, may only be expelled from it by virtue of a decisiontaken in accordance with the law.

5. The mass expulsion of non-nationals shall be prohibited. Massexpulsion shall be that which as aimed at national, racial, ethnic orreligious groups.

Article 13 [right to participate in government]1. Every citizen shall have the right to participate freely in the

government of his country, either directly or through freely chosenrepresentatives in accordance with the provisions of the law.

2. Every citizen shall have the right of equal access to the publicservices of his country.

3. Every individual shall have the right of access to public propertyand services in strict equality of all persons before the law.

Article 14 [right to property]The right to property shall be guaranteed. It may only be encroached

upon in the interest of public need or in the general interest of thecommunity and in accordance with the provisions of appropriate laws.

Article 15 [right to work]Every individual shall have the right to work under equitable and

satisfactory conditions, and shall receive equal pay or equal work.

Article 16 [right to health]1. Every individual shall have the right to enjoy the best attainable

state of physical and mental health.2. States Parties to the present Charter shall take the necessary

measures to protect the health of their people and to ensure that theyreceive medical attention when they are sick.

Article 17 [right to education]1. Every individual shall have the right to education.2. Every individual may be freely, take part in the cultural life of his

community.3. The promotion and protection of morals and traditional values

recognized by the community shall be the duty of State.

Article 18 [right to family life, women, children and disabled]1. The family shall be the natural unit and basis of society. It shall be

protected by the State which shall take care of its physical and moralhealth.

2. The State shall have the duty to assist the family which is thecustodian of morals and traditional values recognized by the community.

3. The State shall ensure the elimination of every discriminationagainst women and also ensure the protection of the rights of the womanand the child as stipulated in international of the rights of the womanand the child as stipulated in international declarations and conventions.

4. The aged and the disabled shall also have the right to specialmeasures of protection in keeping with their physical or moral needs.

Article 19 [peoples rights and equality]All peoples shall be equal; they shall enjoy the same respect and

shall have the same rights. Nothing shall justify the dominations of apeople by another.

Article 20 [right of peoples to existence, self-determination]1. All peoples shall have the right to existence. They shall have the

unquestionable and inalienable right to self-determination. They shallfreely determine their political status and shall pursue their economicand social development according to the policy they have freely chosen.

2. Colonize or oppressed peoples shall have the right to freethemselves from the bonds of domination by resorting to any meansrecognized by the international community.

3. All peoples shall have the right to the assistance of the Statesparties of the present Charter in their liberation struggle against foreigndomination, be it political, economic or cultural.

Article 21 [rights of peoples to wealth and natural resources]1. All peoples shall freely dispose of their wealth and natural

resources. This right shall be exercised in the exclusive interest of thepeople. In no case shall a people be deprived of it.

2. In case of spoliation the dispossessed people shall have the rightto the lawful recovery of its property as well as to an adequatecompensation.

3.The free disposal of wealth and natural resources shall be exercisedwithout prejudice to the obligation of promoting international economiccooperation based on mutual respect, equitable exchange and theprinciples of international law.

4. States parties to the present Charter shall individually andcollectively exercise the right to free disposal of their wealth and naturalresources with a view to strengthening African unity and solidarity.

5. States parties to the present Charter shall undertake to eliminateall forms of foreign economic exploitation particularly that practisedby international monopolies so as to enable their peoples to fully benefitfrom the advantages derived from their national resources.

Article 22 [rights of peoples economic, social and culturaldevelopment]

1. All peoples shall have the right to their economic, social andcultural development with due regard to their freedom and identity andin the equal enjoyment of the common heritage of mankind.

2. States shall have the duty, individually or collectively, to ensurethe exercise of the right to development.

Article 23 [rights of peoples to peace and security]1. All peoples shall have the right to national an international peace

and security. The principles of solidarity and friendly relations implicitlyaffirmed by the Charter of the United Nations and reaffirmed by that ofthe Organization of African Unity shall govern relations between States.

2. For the purpose of strengthening peace, solidarity and friendlyrelations. States parties to the present charter shall ensure that:a) any individual enjoying the right of asylum under Article 12 of thepresent Charter shall not engage in subversive activities against hiscountry of origin or any other State party to the present Charter;b) their territories shall not be used as bases for subversive or terroristactivities against the people of any other State party to the presentCharter.

Article 24 [right of peoples to a satisfactory environment]All peoples shall have the right to a general satisfactory environment

favourable to their development.

Article 25 [human rights education]States parties to the present Charter shall have the duty to promote andensure through teaching, education and publication, the respect of therights and freedoms contained in the present Charter and to see to itthat these freedoms and rights as well as corresponding obligationsand duties are understood.

Article 26 [independence of the courts]States parties to the present Charter shall have the duty to guaranteethe independence of the Courts and shall allow the establishment andimprovement of appropriate national institutions entrusted with thepromotion and protection of the rights and freedoms guaranteed by thepresent Charter.

Chapter II DutiesArticle 27 [duties to society, regard to rights of others]

1. Every individual shall have duties towards his family and society,the State and other legally recognized communities and the internationalcommunity.

2. The rights and freedoms of each individual shall be exercisedwith due regard to the rights of others, collective security, morality andcommon interest.


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Article 28 [duty of non-discrimination]Every individual shall have the duty to respect and consider this

fellow beings without discrimination, and to maintain relations aimedt promoting, safeguarding and reinforcing mutual respect and tolerance.

Article 29 [duties to community]The individual shall also have the duty:1. To preserve the harmonious development of the family and to

work for the cohesion ad respect of the family; to respect his parents atall times, to maintain them in case of need:

2. To sever his national community by placing his physical andintellectual abilities at its services;

3. Not to compromise the security of the State whose national orresident he is;

4. To preserve and strengthen social and national solidarity,particularly when the latter is threatened;

5. To preserve and strengthen the national independence and theterritorial integrity of his country and to contribute to its defence inaccordance with the law;

6. To work to the best of his abilities ad competence, and to paytaxes imposed by law in the in the interest of the society;

7. To preserve and strengthen positive African cultural values in hisrelations with other members of the society, in the spirit of tolerance,dialogue and consultations and, in general, to contribute to the promotionof the moral well being of society;

8. To contribute to the best of his abilities, at all times and at alllevels to the promotion and achievement of African unity.

PART II MEASURES OF SAFEGUARDChapter I Establishment and organization of the African

Commission on Human and Peoples’ RightsArticle 30 [African Commission on Human and Peoples’ Rights]

An African Commission on Human and Peoples’ Rights, hereinaftercallas “the Commission”, shall be established within the Organizationof African Unity to promote human and peoples’ rights ad ensure theirprotection in Africa.

Article 31 [composition]1. The Commission shall consist of eleven members chosen form

amongst African personalities of the highest reputation, known for theirhigh morality, integrity, impartiality and competence in matters ofhuman and peoples’ rights; particular consideration being given topersons having legal experience.

2. The members of the Commission shall serve in their personalcapacity.

Article 32 [nationality]The Commission shall not include more than one national of the

same State.

Article 33 [election]The members of the Commission shall be elected by secret ballot by

the Assembly of Heads of State and Government, from a list of personsnominated by the States parties to the present charter.

Article 34 [nomination]Each State party to the present Charter may not nominate more than

two candidates. The candidates must have the nationality of one of theStates parties to the present Charter. When two candidates are nominatedby a State, one of them may not be a national of that State.

Article 35 [election procedure]1. The Secretary General of the Organization of African Unity shall

invite States Parties to the present Charter at least four months beforethe elections to nominate candidates;

2. The Secretary-General of the Organization of African Unity shallmake an alphabetical list of the persons thus nominated andcommunicate it to the Heads of State and Government at least one monthbefore the elections.

Article 36 [term of office]The member of the Commission shall be elected for a six year period

and shall be eligible for re-election. However, the term of office offour of the members elected at the first election shall terminate aftertwo years and the term of three others, at the end of four years.

Article 37 [first election]Immediately after the first election, the Chairman of the Assembly

of Heads of State and Government of the Organization of African Unityshall draw lots to decide the names of those members referred to inArticle 36.

Article 38 [discharge of duties]After their election, the members of the Commission shall make a

solemn declaration to discharge their duties impartially and faithfully.

Article 39 [vacancies]1. In case of death or resignation of a member of the Commission,

the Chairman of the Commission shall immediately inform theSecretary-General of the Organization of African Unity, who shalldeclare the seat vacant from the date of death or from the date on whichthe resignation takes effect.

2. If, in the unanimous opinion of other members of the Commission,a member has stopped discharging his duties for any reason other thana temporary absence, the Chairman of the Commission shall informthe Secretary-General of the Organization of African Unity, who shallthen declare the seat vacant.

3. In each of the cases anticipated above, the Assembly of Heads ofState and Government shall replace the member whose seat becamevacant for the remaining period of his term unless the period is lessthan six months.

Article 40 [in office until successor assumes office]Every member of the Commission shall be in office until the date

his successor assumes office.

Article 41 [secretary to the Commission]The Secretary-General of the Organization of African Unity shall

appoint the Secretary of the Commission. He shall also provide thestaff and services necessary for the effective discharge of the duties ofthe Commission. The Organization of African Unity shall bear the costof the staff and services.

Article 42 [rules of procedure]1.The Commission shall elect its Chairman and Vice Chairman for a

two year period. They shall be eligible for re-election.2. The Commission shall lay down its rules of procedure.3. Seven members shall form the quorum.4. In case of an equality of votes, the Chairman shall have a casting

vote.5. The Secretary-General may attend the meetings of the

Commission. He shall neither participate in deliberations nor shall hebe entitled to vote. The Chairman of the Commission may, however,invite him to speak.

Article 43 [enjoyment of privileges and immunities]In discharging their duties, members of the Commission shall enjoy

diplomatic Privileges and Immunities provided for in the GeneralConvention on the Privileges and Immunities of the Organization ofAfrican Unity.

Article 44 [emoluments and allowances]Provisions shall be made for the emoluments and allowances of the

members of the Commission in the Regular Budget of the Organizationof African Unity.

Chapter II Mandate of the CommissionArticle 45 [functions of the Commission]

The functions of the Commission shall be:1. To promote Human and Peoples’ Rights and in particular:

a) to collect documents, undertake studies and researches on Africanproblems in the field of human and peoples’ rights, organize seminars,symposia and conferences, disseminate information, encourage national


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and local institutions concerned with human and peoples’ rights, andshould the case arise, give its views or make recommendations toGovernments.b) to formulate and lay down, principles and rules aimed at solvinglegal problems relating to human and peoples’ rights and fundamentalfreedoms upon which African Governments may base their legislations.c) co-operate with other African and international institutions concernedwith the promotion and protection of human and peoples’ rights.

2. Ensure the protection of human and peoples’ rights underconditions laid down by the present Charter.

3. Interpret all the provisions of the present Charter at the request ofa State Party, an institution of the OAU or an African organizationrecognized by the OAU.

4. Perform any other task which may be entrusted to it by theAssembly of Heads of State and Government

Chapter III Procedure of the CommissionArticle 46 [methods of investigation]

The Commission may resort to any appropriate method ofinvestigation; it may hear from the Secretary General of the Organizationof African Unity or any other person capable of enlightening it.

Communication from StatesArticle 47 [conditions for communications from States]

If a State Party to the present Charter has good reasons to believethat another State Party to this Charter has violated the provisions ofthe Charter, it may draw, by written communication, the attention ofthat State tot the matter. This communication shall also be addressed tothe Secretary General of the OAU and to the Chairman of theCommission. Within three months of the receipt of the communication,the State to which the communication is addressed shall give theenquiring State, written explanation or statement elucidating the matter.This should also include as much as possible relevant informationrelating to the laws and rules of procedure applied and applicable andthe redress already given or course of action available.

Articles 48 [submission of communication to Commission]If within three months from the date on which the original

communication is received by the State to which it is addressed, theissue is not settled to the satisfaction of the two States involved throughbilateral negotiation or by any other peaceful procedure, either Stateshall have the right to submit the matter to the Commission through theChairman and shall notify the other States involved.

Article 49 to 54 [procedures on State Complaints]

Other communicationsArticle 55 [non-State communications]

1. Before each Session, the Secretary of the Commission shall makea list of the communications other than those of States parties to thepresent Charter and transmit them to the Members of the Commission,who shall indicate which communications should be considered by theCommission.

2. A communication shall be considered by the Commission if asimple majority of its members so decide.

Article 56 [conditions for admissibility]Communications relating to human and peoples’ rights referred to

in Article 55 received by the Commission, shall be considered if they:1. indicate their authors even if the latter request anonymity,2. are compatible with the Charter of the Organization of African

Unity or with the present Charter,3. are not written in disparaging or insulting language directed against

the State concerned and its institutions or to the Organization of AfricanUnity,

4. are not based exclusively on news disseminated through the massmedia,

5. are sent after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged,

6. are submitted within a reasonable period from the time localremedies are exhausted or from the date the Commission is seized ofthe matter, and

7. do not deal with cases which have been settled by these Statesinvolved in accordance with the principles of the Charter of the UnitedNations, or the Charter of the Organization of African Unity or theprovisions of the present Charter.

Article 57 [state concerned to be informed]Prior to any substantive consideration, all communications shall be

brought to the knowledge of the State concerned by the Chairman ofthe Commission.

Article 58 [cases of massive violations]1. When it appears after deliberations of the Commission that one or

more communications apparently relate to special cases which revealthe existence of a series of serious or massive violations of human andpeoples’ rights, the Commission shall draw the attention of the Assemblyof Heads of State and Government to these special cases.

2. The Assembly of Heads of State and Government may then requestthe Commission to undertake an in-depth study of these cases and makea factual report, accompanied by its findings and recommendations.

3. A case of emergency duly noticed by the Commission shall besubmitted by the latter to the Chairman of the Assembly of Heads ofState and Government who may request an in-depth study.

Article 59 [procedure to be confidential]1. All measures taken within the provisions of the present Chapter

shall remain confidential until such a time as the Assembly of Heads ofState and Government shall otherwise decide.

2. However, the report shall be published by the Chairman of theCommission upon decision of the Assembly of Heads of State andGovernment.

3. The report on the activities of the Commission shall be publishedby its Chairman after it has been considered by the Assembly of Headsof State and Government.

Chapter IV Applicable PrinciplesArticle 60 [sources of law]

The Commission shall draw from international law on human andpeoples’ rights, particularly from the provisions of various Africaninstruments on human and peoples’ rights, the Charter of the UnitedNations, the Charter of the Organization of African Unity, the UniversalDeclaration of Human Rights, other instruments adopted by the UnitedNations and by African countries in the field of human and peoples’rights as well as from the provisions of various instruments adoptedwithin the Specialised Agencies of the United Nations of which theparties to the present Charter are members.

Article 61 [subsidiary sources of law]The Commission shall also take into consideration, as subsidiary

measures to determine the principles of law, other general or specialinternational conventions, laying down rules expressly recognized byMember States of the Organization of African Unity, African practisesconsistent with international norms on human and peoples’ rights,customs generally accepted as law, general principles of law recognizedby African States as well as legal precedents and doctrine.

Article 62 [reporting obligations of States]Each State Party shall undertake to submit every two years, from

the date the present Charter comes into force, a report on the legislativeor other measures taken with a view to giving effect to the rights andfreedoms recognized and guaranteed by the present Charter.

Article 63 [ratification, etc.]1. The present Charter shall be open to signature, ratification or

adherence of the Member States of the Organization of African Unity.2. The instruments of ratification or adherence to the present Charter

shall be deposited with the Secretary-General of the Organization ofAfrican Unity.

3. The present Charter shall come into force three months after thereception by the Secretary-General of the instruments of ratification oradherence of a simple majority of the Member States of the Organizationof African Unity.

Article 64-68 [general provisions]


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The Member States of the Organization of African Unity hereinafterreferred to as the OAU, States Parties to the African Charter on Humanand Peoples’ Rights:

Considering that the Charter of the Organization of African Unityrecognizes that freedom, equality, justice, peace and dignity are essentialobjectives for the achievement of the legitimate aspirations of theAfrican peoples; Noting that the African Charter on Human and Peoples’Rights reaffirms adherence to the principles of human and peoples’rights, freedoms and duties contained in the declarations, conventionsand other instruments adopted by the Organization of African Unity,and other international organizations;

Recognizing that the twofold objective of the African Charter onHuman and Peoples’ Rights is to ensure on the one hand promotionand on the other protection of human and peoples’ rights, freedomsand duties;

Recognizing further, the efforts of the African Commission onHuman and Peoples’ Rights in the promotion and protection of humanand peoples’ rights since its inception in 1987;

Recalling resolution AHG/Res.230 (XXX) adopted by the Assemblyof Heads of State and Government in June 1994 in Tunis, Tunisia,requesting the Secretary-General to convene a Government experts’meeting to ponder, in conjunction with the African Commission, overthe means to enhance the efficiency of the African Commission and toconsider in particular the establishment of an African Court on Humanand Peoples’ Rights;

Noting the first and second Government legal experts’ meetingsheld respectively in Cape Town, South Africa (September, 1995) andNouakchott, Mauritania (April, 1997), and the third Government LegalExperts meeting held in Addis Ababa, Ethiopia (December, 1997), whichwas enlarged to include Diplomats;

Firmly convinced that the attainment of the objectives of the AfricanCharter on Human and Peoples’ Rights requires the establishment ofan African Court on Human and Peoples’ Rights to complement andreinforce the functions of the African Commission on Human andPeoples’ Rights.


Article 1 Establishment of the CourtThere shall be established within the Organization of African Unity

an African Court on Human and Peoples’ Rights (hereinafter referredto as “the Court”), the organization, jurisdiction and functioning ofwhich shall be governed by the present Protocol.

Article 2 Relationship between the Court and the CommissionThe Court shall, bearing in mind the provisions of this Protocol,

complement the protective mandate of the African Commission onHuman and Peoples’ Rights (hereinafter referred to as “theCommission”) conferred upon it by the African Charter onHuman and Peoples’ Rights (hereinafter referred to as “the Charter”).

Article 3 Jurisdiction1. The jurisdiction of the Court shall extend to all cases and disputes

submitted to it concerning the interpretation and application of theCharter, this Protocol and any other relevant Human Rights instrumentratified by the States concerned.

2. In the event of a dispute as to whether the Court has jurisdiction,the Court shall decide.

Article 4 Advisory opinions1. At the request of a Member State of the OAU, the OAU, any of

its organs, or any African organization recognized by the OAU, theCourt may provide an opinion on anylegal matter relating to the Charteror any other relevant human rights instruments, provided that the subject

2 A.1.1 PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS ON THEESTABLISHMENT OF AN AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS

-adopted by the 34th Ordinary Session of the Assembly of Heads of State and Government of the AU,Ouagadougou, Burkina Faso, on 10 June, 1998. (OAU Doc. OAU/LEG/MIN/AFCHPR/PROT.1 rev.2)-entered into force 25 January 2004-ratifications, etc.: 17 as per 15 July 2004

matter of the opinion is not related to a matter being examined by theCommission.

2. The Court shall give reasons for its advisory opinions providedthat every judge shallbe entitled to deliver a separate or dissenting decision.

Article 5 Access to the Court1. The following are entitled to submit cases to the Court

a. The Commission;b. The State Party which has lodged a complaint to the Commission;c. The State Party against which the complaint has been lodged at theCommission;d. The State Party whose citizen is a victim of human rights violation;e. African Intergovernmental Organizations.

2. When a State Party has an interest in a case, it may submit arequest to the Court to be permitted to join.

3. The Court may entitle relevant Non Governmental Organizations(NGOs) withobserver status before the Commission, and individualsto institute cases directly before it, in accordance with article 34 (6) ofthis Protocol.

Article 6 Admissibility of cases1. The Court, when deciding on the admissibility of a case instituted

under article 5 (3) of this Protocol, may request the opinion of theCommission which shall give it as soon as possible.

2. The Court shall rule on the admissibility of cases taking intoaccount the provisions of article 56 of the Charter.

3. The Court may consider cases or transfer them to the Commission.

Article 7 Sources of lawThe Court shall apply the provisions of the Charter and any other

relevant human rights instruments ratified by the States concerned.

Article 8 Consideration of casesThe Rules of Procedure of the Court shall lay down the

detailed conditions under which the Court shall consider cases broughtbefore it, bearing in mind the complementarity between the Commissionand the Court.

Article 9 Amicable settlementThe Court may try to reach an amicable settlement in a case pending

before it in accordance with the provisions of the Charter.

Article 10 Hearings and representation1. The Court shall conduct its proceedings in public. The Court

may, however, conduct proceedings in camera as may be provided forin the Rules of Procedure.

2. Any party to a case shall be entitled to be represented by a legalrepresentative of the party’s choice. Free legal representation may beprovided where the interests of justice so require.

3. Any person, witness or representative of the parties, who appearsbefore the Court, shall enjoy protection and all facilities, in accordancewith international law, necessary for the discharging of their functions,tasks and duties in relation to the Court

Article 11 Composition1. The Court shall consist of eleven judges, nationals of Member

States of the OAU, elected in an individual capacity from among juristsof high moral character and of recognized practical, judicial or academiccompetence and experience in the field of human and peoples’ rights.

2. No two judges shall be nationals of the same State.


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Article 12 Nominations1. States Parties to the Protocol may each propose up to three

candidates, at least two of whom shall be nationals of that State.2. Due consideration shall be given to adequate gender representation

in the nomination process.

Article 13 List of candidates1. Upon entry into force of this Protocol, the Secretary-General of

the OAU shall request each State Party to the Protocol to present, withinninety (90) days of such a request, its nominees for the office of judgeof the Court.

2. The Secretary-General of the OAU shall prepare a list inalphabetical order of thecandidates nominated and transmit it to theMember States of the OAU at least thirtydays prior to the next sessionof the Assembly of Heads of State and Government of the OAUhereinafter referred to as “the Assembly”.

Article 14 Elections1. The judges of the Court shall be elected by secret ballot by the

Assembly from the list referred to in Article 13 (2) of the presentProtocol.

2. The Assembly shall ensure that in the Court as a whole there isrepresentation of themain regions of Africa and of their principal legaltraditions.

3. In the election of the judges, the Assembly shall ensure that thereis adequate gender representation.

Article 15 Term of office1. The judges of the Court shall be elected for a period of six years

and may be re-elected only once. The terms of four judges elected atthe first election shall expire at the end of two years, and the terms offour more judges shall expire at the end of four years.

2. The judges whose terms are to expire at the end of the initialperiods of two and four years shall be chosen by lot to be drawn by theSecretary-General of the OAU immediately after the first election hasbeen completed.

3. A judge elected to replace a judge whose term of office has notexpired shall hold office for the remainder of the predecessor’s term.

4. All judges except the President shall perform theirfunctions on a part-time basis. However, the Assembly may changethis arrangement as it deems appropriate.

Article 16 OATH of officeAfter their election, the judges of the Court shall make a solemn

declaration to discharge their duties impartially and faithfully.

Article 17 Independence1. The independence of the judges shall be fully ensured in

accordance with international law.2. No judge may hear any case in which the same judge has

previously taken part as agent, counsel or advocate for one of the partiesor as a member of a national or international court or a commission ofenquiry or in any other capacity. Any doubt on this point shall be settledby decision of the Court.

3. The judges of the Court shall enjoy, from the moment of theirelection and throughout their term of office, the immunities extendedto diplomatic agents in accordance with international law.

4. At no time shall the judges of the Court be held liable for anydecision or opinion issued in the exercise of their functions.

Article 18 IncompatibilityThe position of judge of the Court is incompatible with any activity

that might interfere with the independence or impartiality of such ajudge or the demands of the office, as determined in the Rules ofProcedure of the Court.

Article 19 Cessation of office1. A judge shall not be suspended or removed from office unless,

by the unanimous decision of the other judges of the Court, the judgeconcerned has been found to be no longer fulfilling the requiredconditions to be a judge of the Court.

2. Such a decision of the Court shall become final unless it is setaside by the Assembly at its next session.

Article 20 Vacancies1. In case of death or resignation of a judge of the Court, the President

of the Court shall immediately inform the Secretary General of theOrganization of African Unity, who shall declare the seat vacant fromthe date of death or from the date on which the resignation takes effect.

2. The Assembly shall replace the judge whose office became vacantunless the remaining period of the term is less than one hundred andeighty (180) days.

3. The same procedure and considerations as set out in Articles 12,13 and 14 shall be followed for the filling of vacancies.

Article 21 Presidency of the Court1. The Court shall elect its President and one Vice-President for a

period of two years. They may be re-elected only once.2. The President shall perform judicial functions on a full-time basis

and shall reside at the seat of the Court.3. The functions of the President and the Vice-President shall be set

out in the Rules ofProcedure of the Court.

Article 22 ExclusionIf a judge is a national of any State which is a party to a case

submitted to the Court, that judge shall not hear the case.

Article 23 QuorumThe Court shall examine cases brought before it, if it has a quorum

of at least seven judges.

Article 24 Registry of the Court1. The Court shall appoint its own Registrar and other staff of the

registry from among nationals of Member States of the OAU accordingto the Rules of Procedure.

2. The office and residence of the Registrar shall be at the placewhere the Court has its seat.

Article 25 Seat of the Court1. The Court shall have its seat at the place determined by the

Assembly from among States parties to this Protocol. However, it mayconvene in the territory of any Member State of the OAU when themajority of the Court considers it desirable, and with the prior consentof the State concerned.

2. The seat of the Court may be changed by the Assembly after dueconsultation with the Court.

Article 26 Evidence1. The Court shall hear submissions by all parties and if deemed

necessary, hold an enquiry. The States concerned shall assist byproviding relevant facilities for the efficient handling of the case.

2. The Court may receive written and oral evidence including experttestimony and shallmake its decision on the basis of such evidence.

Article 27 Findings1. If the Court finds that there has been violation of a human or

peoples’ right, it shall make appropriate orders to remedy the violation,including the payment of fair compensation or reparation.

2. In cases of extreme gravity and urgency, and when necessary toavoid irreparable harm to persons, the Court shall adopt such provisionalmeasures as it deems necessary.

Article 28 Judgment1. The Court shall render its judgment within ninety (90) days of

having completed its deliberations.2. The judgment of the Court decided by majority shall be final and

not subject to appeal.3. Without prejudice to sub-article 2 above, the Court may review

its decision in the light of new evidence under conditions to be set outin the Rules of Procedure.

4. The Court may interpret its own decision.5. The judgment of the Court shall be read in open court, due notice

having been given to the parties.6. Reasons shall be given for the judgment of the Court.7. If the judgment of the Court does not represent, in whole or in

part, the unanimous decision of the judges, any judge shall be entitledto deliver a separate or dissenting opinion

Articles 29 to 35 [ . . . ]


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The States Parties to this Protocol,Considering that Article 66 of the African Charter on Human and

Peoples’ Rights provides for special protocols or agreements, ifnecessary, to supplement the provisions of the African Charter, andthat the Assembly of Heads of State and Government of the Organizationof African Unity meeting in its Thirty-first Ordinary Session in AddisAbaba, Ethiopia, in June 1995, endorsed by resolution AHG/Res.240(XXXI) the recommendation of the African Commission on Humanand Peoples’ Rights to elaborate a Protocol on the Rights of Women inAfrica;

Considering that Article 2 of the African Charter on Human andPeoples’ Rights enshrines the principle of non-discrimination on thegrounds of race, ethnic group, colour, sex, language, religion, politicalor any other opinion, national and social origin, fortune, birth or otherstatus;

Further considering that Article 18 of the African Charter on Humanand Peoples’ Rights calls on all States Parties to eliminate everydiscrimination against women and to ensure the protection of the rightsof women as stipulated in international declarations and conventions;

Noting that Articles 60 and 61 of the African Charter on Human andPeoples’ Rights recognise regional and international human rightsinstruments and African practices consistent with international normson human and peoples’ rights as being important reference points forthe application and interpretation of the African Charter;

Recalling that women’s rights have been recognised and guaranteedin all international human rights instruments, notably the UniversalDeclaration of Human Rights, the International Covenant on Civil andPolitical Rights, the International Covenant on Economic, Social andCultural Rights, the Convention on the Elimination of All Forms ofDiscrimination Against Women and its Optional Protocol, the AfricanCharter on the Rights and Welfare of the Child, and all otherinternational and regional conventions and covenants relating to therights of women as being inalienable, interdependent and indivisiblehuman rights;

Noting that women’s rights and women’s essential role indevelopment, have been reaffirmed in the United Nations Plans ofAction on the Environment and Development in 1992, on Human Rightsin 1993, on Population and Development in 1994 and on SocialDevelopment in 1995;

Recalling also United Nations Security Council’s Resolution 1325(2000) on the role of women in promoting peace and security;

Reaffirming the principle of promoting gender equality as enshrinedin the Constitutive Act of the African Union as well as the NewPartnership for Africa’s Development, relevant Declarations,Resolutions and Decisions, which underline the commitment of theAfrican States to ensure the full participation of African women asequal partners in Africa’s development;

Further noting that the African Platform for Action and the DakarDeclaration of 1994 and the Beijing Platform for Action of 1995 callon all Member States of the United Nations, which have made a solemncommitment to implement them, to take concrete steps to give greaterattention to the human rights of women in order to eliminate all formsof discrimination and of gender-based violence against women;

Recognising the crucial role of women in the preservation of Africanvalues based on the principles of equality, peace, freedom, dignity,justice, solidarity and democracy;

Bearing in mind related Resolutions, Declarations, Recommenda-tions, Decisions, Conventions and other Regional and Sub-RegionalInstruments aimed at eliminating all forms of discrimination and atpromoting equality between women and men;

Firmly convinced that any practice that hinders or endangers thenormal growth and affects the physical and psychological developmentof women and girls should be condemned and eliminated;

[ . . . ]

2 A.1.2 PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS ON THERIGHTS OF WOMEN IN AFRICA

-adopted by the 2nd Ordinary Session of the Assembly of the Union, Maputo, 11 July 2003-not yet entered into force-ratifications, etc.: 3 as per 15 July 2004

2 A.1.2 PROTOCOL TO THE AFRICAN CHARTER ON HUMAN ANDPEOPLES’ RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA


Article 1 DefinitionsFor the purpose of the present Protocol:a) “African Charter” means the African Charter on Human and Peoples’Rights;b) “African Commission” means the African Commission on Humanand Peoples’ Rights;c) “Assembly” means the Assembly of Heads of State and Governmentof the African Union;d) “AU” means the African Union;e) “Constitutive Act’’ means the Constitutive Act of the African Union;f) “Discrimination against women” means any distinction, exclusionor restriction or any differential treatment based on sex and whoseobjectives or effects compromise or destroy the recognition, enjoymentor the exercise by women, regardless of their marital status, of humanrights and fundamental freedoms in all spheres of life;g) “Harmful Practices” means all behaviour, attitudes and/or practiceswhich negatively affect the fundamental rights of women and girls,such as their right to life, health, dignity, education and physicalintegrity;h) ‘‘NEPAD’’ means the New Partnership for Africa’s Developmentestablished by the Assembly;i) “States Parties” means the States Parties to this Protocol;j) “Violence against women” means all acts perpetrated against womenwhich cause or could cause them physical, sexual, psychological, andeconomic harm, including the threat to take such acts; or to undertakethe imposition of arbitrary restrictions on or deprivation of fundamentalfreedoms in private or public life in peace time and duringsituations of armed conflicts or of war;k) “Women” means persons of female gender, including girls;

Article 2 Elimination of Discrimination Against Women1. States Parties shall combat all forms of discrimination against

women through appropriate legislative, institutional and other measures.In this regard they shall:a) include in their national constitutions and other legislativeinstruments, if not already done, the principle of equality betweenwomen and men and ensure its effective application;b) enact and effectively implement appropriate legislative orregulatory measures, including those prohibiting and curbing all formsof discrimination particularly those harmful practices which endangerthe health and general well-being of women;c) integrate a gender perspective in their policy decisions, legislation,development plans, programmes and activities and in all other spheresof life;d) take corrective and positive action in those areas wherediscrimination against women in law and in fact continues to exist;e) support the local, national, regional and continental initiativesdirected at eradicating all forms of discrimination against women.

2. States Parties shall commit themselves to modify the social andcultural patterns of conduct of women and men through publiceducation, information, education and communication strategies, witha view to achieving the elimination of harmful cultural and traditionalpractices and all other practices which are based on the idea of theinferiority or the superiority of either of the sexes, or on stereotypedroles for women and men.

Article 3 Right to Dignity1. Every woman shall have the right to dignity inherent in a human

being and to the recognition and protection of her human and legalrights;

2. Every woman shall have the right to respect as a person and to thefree development of her personality;

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3. States Parties shall adopt and implement appropriate measures toprohibit any exploitation or degradation of women;

4. States Parties shall adopt and implement appropriate measures toensure the protection of every woman’s right to respect for her dignityand protection of women from all forms of violence, particularly sexualand verbal violence.

Article 4 The Rights to Life, Integrity and Security of the Person1. Every woman shall be entitled to respect for her life and the

integrity and security of her person. All forms of exploitation, cruel,inhuman or degrading punishment and treatment shall be prohibited.

2. States Parties shall take appropriate and effective measures to:a) enact and enforce laws to prohibit all forms of violence againstwomen including unwanted or forced sex whether the violence takesplace in private or public;b) adopt such other legislative, administrative, social and economicmeasures as may be necessary to ensure the prevention, punishmentand eradication of all forms of violence against women;c) identify the causes and consequences of violence against womenand take appropriate measures to prevent and eliminate such violence;d) actively promote peace education through curricula and socialcommunication in order to eradicate elements in traditional and culturalbeliefs, practices and stereotypes which legitimise and exacerbate thepersistence and tolerance of violence against women;e) punish the perpetrators of violence against women and implementprogrammes for the rehabilitation of women victims;f) establish mechanisms and accessible services for effectiveinformation, rehabilitation and reparation for victims of violence againstwomen;g) prevent and condemn trafficking in women, prosecute theperpetrators of such trafficking and protect those women most at risk;h) prohibit all medical or scientific experiments on women withouttheir informed consent;i) provide adequate budgetary and other resources for the implementa-tion and monitoring of actions aimed at preventing and eradicating vio-lence against women;j) ensure that, in those countries where the death penalty still exists,not to carry out death sentences on pregnant or nursing women.k) ensure that women and men enjoy equal rights in terms of access torefugee status, determination procedures and that women refugees areaccorded the full protection and benefits guaranteed under internationalrefugee law, including their own identity and other documents;

Article 5 Elimination of Harmful PracticesStates Parties shall prohibit and condemn all forms of harmful

practices which negatively affect the human rights of women and whichare contrary to recognised international standards. States Parties shalltake all necessary legislative and other measures to eliminate suchpractices, including:a) creation of public awareness in all sectors of society regardingharmful practices through information, formal and informal educationand outreach programmes;b) prohibition, through legislative measures backed by sanctions, ofall forms of female genital mutilation, scarification, medicalisation andpara-medicalisation of female genital mutilation and all other practicesin order to eradicate them;c) provision of necessary support to victims of harmful practicesthrough basic services such as health services, legal and judicial support,emotional and psychological counselling as well as vocational trainingto make them self-supporting;d) protection of women who are at risk of being subjected to harmfulpractices or all other forms of violence, abuse and intolerance.

Article 6 MarriageStates Parties shall ensure that women and men enjoy equal rights

and are regarded as equal partners in marriage. They shall enactappropriate national legislative measures to guarantee that:a) no marriage shall take place without the free and full consent ofboth parties;b) the minimum age of marriage for women shall be 18 years;c) monogamy is encouraged as the preferred form of marriage and thatthe rights of women in marriage and family, including in polygamousmarital relationships are promoted and protected;

d) every marriage shall be recorded in writing and registered inaccordance with national laws, in order to be legally recognised;e) the husband and wife shall, by mutual agreement, choose theirmatrimonial regime and place of residence;f) a married woman shall have the right to retain her maiden name, touse it as she pleases, jointly or separately with her husband’s surname;g) a woman shall have the right to retain her nationality or to acquirethe nationality of her husband;h) a woman and a man shall have equal rights, with respect to thenationality of their children except where this is contrary to a provisionin national legislation or is contrary to national security interests;i) a woman and a man shall jointly contribute to safeguarding theinterests of the family, protecting and educating their children;j) during her marriage, a woman shall have the right to acquire herown property and to administer and manage it freely.

Article 7 Separation, Divorce and Annulment of MarriageStates Parties shall enact appropriate legislation to ensure that womenand men enjoy the same rights in case of separation, divorce orannulment of marriage. In this regard, they shall ensure that:a) separation, divorce or annulment of a marriage shall be effected byjudicial order;b) women and men shall have the same rights to seek separation, divorceor annulment of a marriage;c) in case of separation, divorce or annulment of marriage, women andmen shall have reciprocal rights and responsibilities towards theirchildren. In any case, the interests of the children shall be givenparamount importance;d) in case of separation, divorce or annulment of marriage, womenand men shall have the right to an equitable sharing of the joint propertyderiving from the marriage.

Article 8 Access to Justice and Equal Protection before the LawWomen and men are equal before the law and shall have the right toequal protection and benefit of the law. States Parties shall take allappropriate measures to ensure:a) effective access by women to judicial and legal services, includinglegal aid;b) support to local, national, regional and continental initiatives directedat providing women access to legal services, including legal aid;c) the establishment of adequate educational and other appropriatestructures with particular attention to women and to sensitise everyoneto the rights of women;d) that law enforcement organs at all levels are equipped to effectivelyinterpret and enforce gender equality rights;e) that women are represented equally in the judiciary and lawenforcement organs;f) reform of existing discriminatory laws and practices in order topromote and protect the rights of women.

Article 9 Right to Participation in the Political and Decision-Making Process

1. States Parties shall take specific positive action to promoteparticipative governance and the equal participation of women in thepolitical life of their countries through affirmative action, enablingnational legislation and other measures to ensure that:a) women participate without any discrimination in all elections;b) women are represented equally at all levels with men in all electoralprocesses;c) women are equal partners with men at all levels of development andimplementation of State policies and development programmes.

2. States Parties shall ensure increased and effective representationand participation of women at all levels of decision-making.

Article 10 Right to Peace1. Women have the right to a peaceful existence and the right to

participate in the promotion and maintenance of peace.2. States Parties shall take all appropriate measures to ensure the

increased participation of women:a) in programmes of education for peace and a culture of peace;b) in the structures and processes for conflict prevention, managementand resolution at local, national, regional, continental and internationallevels;


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c) in the local, national, regional, continental and international decisionmaking structures to ensure physical, psychological, social and legalprotection of asylum seekers, refugees, returnees and displaced persons,in particular women;d) in all levels of the structures established for the management ofcamps and settlements for asylum seekers, refugees, returnees anddisplaced persons, in particular, women;e) in all aspects of planning, formulation and implementation of postconflict reconstruction and rehabilitation.

3. States Parties shall take the necessary measures to reduce militaryexpenditure significantly in favour of spending on social developmentin general, and the promotion of women in particular.

Article 11 Protection of Women in Armed Conflicts1. States Parties undertake to respect and ensure respect for the rules

of international humanitarian law applicable in armed conflict situationswhich affect the population, particularly women.

2. States Parties shall, in accordance with the obligations incumbentupon them under the international humanitarian law, protect civiliansincluding women, irrespective of the population to which they belong,in the event of armed conflict.

3. States Parties undertake to protect asylum seeking women,refugees, returnees and internally displaced persons, against all formsof violence, rape and other forms of sexual exploitation, and to ensurethat such acts are considered war crimes, genocide and/or crimes againsthumanity and that their perpetrators are brought to justice before acompetent criminal jurisdiction.

4. States Parties shall take all necessary measures to ensure that nochild, especially girls under 18 years of age, take a direct part inhostilities and that no child is recruited as a soldier.

Article 12 Right to Education and Training1. States Parties shall take all appropriate measures to:

a) eliminate all forms of discrimination against women and guaranteeequal opportunity and access in the sphere of education and training;b) eliminate all stereotypes in textbooks, syllabuses and the media,that perpetuate such discrimination;c) protect women, especially the girl-child from all forms of abuse,including sexual harassment in schools and other educational institutionsand provide for sanctions against the perpetrators of such practices;d) provide access to counselling and rehabilitation services to womenwho suffer abuses and sexual harassment;e) integrate gender sensitisation and human rights education at all levelsof education curricula including teacher training.

2. States Parties shall take specific positive action to:a) promote literacy among women;b) promote education and training for women at all levels and in alldisciplines, particularly in the fields of science and technology;c) promote the enrolment and retention of girls in schools and othertraining institutions and the organisation of programmes for womenwho leave school prematurely.

Article 13 Economic and Social Welfare RightsStates Parties shall adopt and enforce legislative and other measures

to guarantee women equal opportunities in work and careeradvancement and other economic opportunities. In this respect, theyshall:a) promote equality of access to employment;b) promote the right to equal remuneration for jobs of equal value forwomen and men;c) ensure transparency in recruitment, promotion and dismissal ofwomen and combat and punish sexual harassment in the workplace;d) guarantee women the freedom to choose their occupation, and protectthem from exploitation by their employers violating and exploiting theirfundamental rights as recognised and guaranteed by conventions, lawsand regulations in force;e) create conditions to promote and support the occupations andeconomic activities of women, in particular, within the informal sector;f) establish a system of protection and social insurance for womenworking in the informal sector and sensitise them to adhere to it;g) introduce a minimum age for work and prohibit the employment ofchildren below that age, and prohibit, combat and punish all forms ofexploitation of children, especially the girl-child;

h) take the necessary measures to recognise the economic value of thework of women in the home;i) guarantee adequate and paid pre and post-natal maternity leave inboth the private and public sectors;j) ensure the equal application of taxation laws to women and men;k) recognise and enforce the right of salaried women to the sameallowances and entitlements as those granted to salaried men for theirspouses and children;l) recognise that both parents bear the primary responsibility for theupbringing and development of children and that this is a social functionfor which the State and the private sector have secondary responsibility;m) take effective legislative and administrative measures to preventthe exploitation and abuse of women in advertising and pornography.

Article 14 Health and Reproductive Rights1. States Parties shall ensure that the right to health of women,

including sexual and reproductive health is respected and promoted.This includes:

a) the right to control their fertility;b) the right to decide whether to have children, the number of childrenand the spacing of children;c) the right to choose any method of contraception;d) the right to self protection and to be protected against sexuallytransmitted infections, including HIV/AIDS;e) the right to be informed on one’s health status and on the healthstatus of one’s partner, particularly if affected with sexually transmittedinfections, including HIV/AIDS, in accordance with internationallyrecognised standards and best practices;g) the right to have family planning education.

2. States Parties shall take all appropriate measures to:a) provide adequate, affordable and accessible health services, includinginformation, education and communication programmes to womenespecially those in rural areas;b) establish and strengthen existing pre-natal, delivery and post-natalhealth and nutritional services for women during pregnancy and whilethey are breast-feeding;c) protect the reproductive rights of women by authorising medicalabortion in cases of sexual assault, rape, incest, and where the continuedpregnancy endangers the mental and physical health of the mother orthe life of the mother or the foetus.

Article 15 Right to Food SecurityStates Parties shall ensure that women have the right to nutritious

and adequate food. In this regard, they shall take appropriate measuresto:a) provide women with access to clean drinking water, sources ofdomestic fuel, land, and the means of producing nutritious food;b) establish adequate systems of supply and storage to ensure foodsecurity.

Article 16 Right to Adequate HousingWomen shall have the right to equal access to housing and to

acceptable living conditions in a healthy environment. To ensure thisright, States Parties shall grant to women, whatever their marital status,access to adequate housing.

Article 17 Right to Positive Cultural Context1. Women shall have the right to live in a positive cultural context

and to participate at all levels in the determination of cultural policies.2. States Parties shall take all appropriate measures to enhance the

participation of women in the formulation of cultural policies at alllevels.

Article 18 Right to a Healthy and Sustainable Environment1. Women shall have the right to live in a healthy and sustainable

environment.2. States Parties shall take all appropriate measures to:

a) ensure greater participation of women in the planning, managementand preservation of the environment and the sustainable use of naturalresources at all levels;b) promote research and investment in new and renewable energysources and appropriate technologies, including informationtechnologies and facilitate women’s access to, and participation in theircontrol;


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c) protect and enable the development of women’s indigenousknowledge systems;d) regulate the management, processing, storage and disposal ofdomestic waste;e) ensure that proper standards are followed for the storage,transportation and disposal of toxic waste.

Article 19 Right to Sustainable DevelopmentWomen shall have the right to fully enjoy their right to sustainable

development. In this connection, the States Parties shall take allappropriate measures to:a) introduce the gender perspective in the national developmentplanning procedures;b) ensure participation of women at all levels in the conceptualisation,decision-making, implementation and evaluation of developmentpolicies and programmes;c) promote women’s access to and control over productive resourcessuch as land and guarantee their right to property;d) promote women’s access to credit, training, skills development andextension services at rural and urban levels in order to provide womenwith a higher quality of life and reduce the level of poverty amongwomen;e) take into account indicators of human development specificallyrelating to women in the elaboration of development policies andprogrammes; andf) ensure that the negative effects of globalisation and any adverseeffects of the implementation of trade and economic policies andprogrammes are reduced to the minimum for women.

Article 20 Widows’ RightsStates Parties shall take appropriate legal measures to ensure that

widows enjoy all human rights through the implementation of thefollowing provisions:a) that widows are not subjected to inhuman, humiliating or degradingtreatment;b) a widow shall automatically become the guardian and custodian ofher children, after the death of her husband, unless this is contrary tothe interests and the welfare of the children;c) a widow shall have the right to remarry, and in that event, to marrythe person of her choice.

Article 21 Right to Inheritance1. A widow shall have the right to an equitable share in the inheritance

of the property of her husband. A widow shall have the right to continueto live in the matrimonial house. In case of remarriage, she shall retainthis right if the house belongs to her or she has inherited it.

2. Women and men shall have the right to inherit, in equitable shares,their parents’ properties.

Article 22 Special Protection of Elderly WomenThe States Parties undertake to:

a) provide protection to elderly women and take specific measurescommensurate with their physical, economic and social needs as wellas their access to employment and professional training;b) ensure the right of elderly women to freedom from violence,including sexual abuse, discrimination based on age and the right to betreated with dignity.

Article 23 Special Protection of Women with DisabilitiesThe States Parties undertake to:

a) ensure the protection of women with disabilities and take specificmeasures commensurate with their physical, economic and social needsto facilitate their access to employment, professional and vocationaltraining as well as their participation in decision-making;b) ensure the right of women with disabilities to freedom from violence,including sexual abuse, discrimination based on disability and the rightto be treated with dignity.

Article 24 Special Protection of Women in DistressThe States Parties undertake to:a) ensure the protection of poor women and women heads of familiesincluding women from marginalized population groups and providethe an environment suitable to their condition and their special physical,economic and social needs;

b) ensure the right of pregnant or nursing women or women in detentionby providing them with an environment which is suitable to theircondition and the right to be treated with dignity.

Article 25 RemediesStates Parties shall undertake to:a) provide for appropriate remedies to any woman whose rights orfreedoms, as herein recognised, have been violated;b) ensure that such remedies are determined by competent judicial,administrative or legislative authorities, or by any other competentauthority provided for by law.

Article 26 Implementation and Monitoring1. States Parties shall ensure the implementation of this Protocol at

national level, and in their periodic reports submitted in accordancewith Article 62 of the African Charter, indicate the legislative and othermeasures undertaken for the full realisation of the rights hereinrecognised.

2. States Parties undertake to adopt all necessary measures and inparticular shall provide budgetary and other resources for the full andeffective implementation of the rights herein recognised.

Article 27 InterpretationThe African Court on Human and Peoples’ Rights shall be seized

with matters of interpretation arising from the application orimplementation of this Protocol.

Article 28 Signature, Ratification and Accession1. This Protocol shall be open for signature, ratification and accession

by the States Parties, in accordance with their respective constitutionalprocedures.

2. The instruments of ratification or accession shall be depositedwith the Chairperson of the Commission of the AU.

Article 29 Entry into Force1. This Protocol shall enter into force thirty (30) days after the deposit

of the fifteenth (15) instrument of ratification.2. For each State Party that accedes to this Protocol after its coming

into force, the Protocol shall come into force on the date of deposit ofthe instrument of accession.

3. The Chairperson of the Commission of the AU shall notify allMember States of the coming into force of this Protocol.

Article 30 Amendment and Revision1. Any State Party may submit proposals for the amendment or

revision of this Protocol.2. Proposals for amendment or revision shall be submitted, in writing,

to the Chairperson of the Commission of the AU who shall transmit thesame to the States Parties within thirty (30) days of receipt thereof.

3. The Assembly, upon advice of the African Commission, shallexamine these proposals within a period of one (1) year followingnotification of States Parties, in accordance with the provisions ofparagraph 2 of this article.

4. Amendments or revision shall be adopted by the Assembly by asimple majority.

5. The amendment shall come into force for each State Party, whichhas accepted it thirty (30) days after the Chairperson of the Commissionof the AU has received notice of the acceptance.

Article 31 Status of the Present ProtocolNone of the provisions of the present Protocol shall affect more

favourable provisions for the realisation of the rights of womencontained in the national legislation of States Parties or in any otherregional, continental or international conventions, treaties or agreementsapplicable in these States Parties.

Article 32 Transitional ProvisionsPending the establishment of the African Court on Human and

Peoples’ Rights, the African Commission on Human and Peoples’ Rightsshall be the seized with matters of interpretation arising from theapplication and implementation of this Protocol.


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2 A.2 CONVENTION GOVERNING THE SPECIFIC ASPECTS OF REFUGEE PROBLEMS IN AFRICA

-adopted by the Heads of African State and Government in Addis Ababa on 10 September 1969-entered into force on 20 June 1974-ratifications, etc.: 45 as per 15 July 2004

PREAMBLEWe, the Heads of State and Government assembled in the city of

Addis Ababa, from 6-10 September 1969,1. Noting with concern the constantly increasing numbers of refugees

in Africa and desirous of finding ways and means of alleviating theirmisery and suffering as well as providing them with a better life andfuture,

2. Recognizing the need for and essentially humanitarian approachtowards solving the problems of refugees,

3. Aware, however, that refugee problems are a source of frictionamong many Member States, and desirous of eliminating the source ofsuch discord,

4. Anxious to make a distinction between a refugee who seeks apeaceful and normal life and a person fleeing his country for the solepurpose of fomenting subversion from outside,

5. Determined that the activities of such subversive elements shouldbe discouraged, in accordance with the Declaration on the Problem ofSubversion and Resolution on the Problem of Refugees adopted at Accrain 1965,

6. Bearing in mind that the Charter of the United Nations and theUniversal Declaration of Human Rights have affirmed the principlethat human beings shall enjoy fundamental rights and freedoms withoutdiscrimination,

7. Recalling Resolution 2312 (XXII) of 14 December 1967 of theUnited Nations General Assembly, relating to the Declaration onTerritorial Asylum, 2

8. Convinced that all the problems of our continent must be solvedin the spirit of the Charter of the Organization of African Unity and inthe African context,

9. Recognizing that the United Nations Convention of 28 July 1951,as modified by the Protocol of 31 January 1967, constitutes the basicand universal instrument relating to the status of refugees and reflectsthe deep concern of States for refugees and their desire to establishcommon standards for their treatment,

10. Recalling Resolutions 26 and 104 of the OAU Assemblies ofHeads of State and Government, calling upon Member States of theOrganization who had not already done so to accede to the UnitedNations Convention of 1951 and to the Protocol of 1967 relating tothe Status of Refugees, and meanwhile to apply their provisions torefugees in Africa,

11. Convinced that the efficiency of the measures recommended bythe present Convention to solve the problem of refugees in Africanecessitates close and continuous collaboration between theOrganization of African Unity and the Office of the United NationsHigh Commissioner for Refugees,


Article 1 Definition of the term “Refugee”1. For the purposes of this Convention, the term “refugee” shall mean

every person who, owing to well-founded fear of being persecuted forreasons of race, religion, nationality, membership of a particular socialgroup or political opinion, is outside the country of his nationality andis unable or, owing to such fear, is unwilling to avail himself of theprotection of that country, or who, not having a nationality and beingoutside the country of his former habitual residence as a result of suchevents is unable or, owing to such fear, is unwilling to return to it.

2. The term “refugee” shall also apply to every person who, owingto external aggression, occupation, foreign domination or eventsseriously disturbing public order in either part or the whole of his countryof origin or nationality, is compelled to leave his place of habitualresidence in order to seek refuge in another place outside his countryof origin or nationality.

3. In the case of a person who has several nationalities, the term “acountry of which he is a national” shall mean each of the countries of

which he is a national, and a person shall not be deemed to be lackingthe protection of the country of which he is a national if, without anyvalid reason based on well-founded fear, he has not availed himself ofthe protection of one of the countries of which he is a national.

4. This Convention shall cease to apply to any refugee if:a) he has voluntarily re-availed himself of the protection of the countryof his nationality, or,b) having lost his nationality, he has voluntarily reacquired it, or,c) he has acquired a new nationality, and enjoys the protection of thecountry of his new nationality, or,d) he has voluntarily re-established himself in the country which heleft or outside which he remained owing to fear of persecution, or,e) he can no longer, because the circumstances in connection withwhich he was recognized as a refugee have ceased to exist, continue torefuse to avail himself of the protection of the country of his nationality,or,f) he has committed a serious nonpoliticalcrime outside his country of refuge after his admission to that countryas a refugee, or,g) he has seriously infringed the purposes and objectives of thisConvention.

5. The provisions of this Convention shall not apply to any personwith respect to whom thecountry of asylum has serious reasons for considering that:a) he has committed a crime against peace, a war crime, or a crimeagainst humanity,as defined in the international instruments drawn up to make provisionin respect of such crimes;b) he committed a serious non-political crime outside the country ofrefuge prior to his admission to that country as a refugee;c) he has been guilty of acts contrary to the purposes and principles ofthe Organization of African Unity;d) he has been guilty of acts contrary to the purposes and principles ofthe United Nations.

6. For the purposes of this Convention, the Contracting State ofAsylum shall determine whether an applicant is a refugee.

Article 2 Asylum1. Member States of the OAU shall use their best endeavours

consistent with their respective legislations to receive refugees and tosecure the settlement of those refugees who, for well-founded reasons,are unable or unwilling to return to their country of origin or nationality.

2. The grant of asylum to refugees is a peaceful and humanitarianact and shall not be regarded as an unfriendly act by any Member State.

3. No person shall be subjected by a Member State to measures suchas rejection at the frontier, return or expulsion, which would compelhim to return to or remain in a territorywhere his life, physical integrityor liberty would be threatened for the reasons set out in Article I,paragraphs 1 and 2.

4. Where a Member State finds difficulty in continuing to grantasylum to refugees, such Member State may appeal directly to otherMember States and through the OAU, and such other Member Statesshall in the spirit of African solidarity and international cooperationtake appropriate measures to lighten the burden of the Member Stategranting asylum.

5. Where a refugee has not received the right to reside in any countryof asylum, he may be granted temporary residence in any country ofasylum in which he first presented himself as a refugee pendingarrangement for his resettlement in accordance with the precedingparagraph.

6. For reasons of security, countries of asylum shall, as far as possible,settle refugees at a reasonable distance from the frontier of their countryof origin.


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Article 3 Prohibition of Subversive Activities1. Every refugee has duties to the country in which he finds himself,

which require in particular that he conforms with its laws and regulationsas well as with measures taken for the maintenance of public order. Heshall also abstain from any subversive activities against any MemberState of the OAU.

2. Signatory States undertake to prohibit refugees residing in theirrespective territories from attacking any State Member of the OAU, byany activity likely to cause tension between Member States, and inparticular by use of arms, through the press, or by radio.

Article 4 Non-DiscriminationMember States undertake to apply the provisions of this Convention

to all refugees without discrimination as to race, religion, nationality,membership of a particular social group or political opinions.5

Article 5 Voluntary Repatriation1. The essentially voluntary character of repatriation shall be

respected in all cases and no refugee shall be repatriated against hiswill.

2. The country of asylum, in collaboration with the country of origin,shall make adequate arrangements for the safe return of refugees whorequest repatriation.

3. The country of origin, on receiving back refugees, shall facilitatetheir resettlement and grant them the full rights and privileges ofnationals of the country, and subject them to the same obligations.

4. Refugees who voluntarily return to their country shall in no waybe penalized for having left it for any of the reasons giving rise torefugee situations. Whenever necessary, an appeal shall be made throughnational information media and through the Administrative Secretary-General of the OAU, inviting refugees to return home and givingassurance that the new circumstances prevailing in their country oforigin will enable them to return without risk and to take up a normaland peaceful life without fear of being disturbed or punished, and thatthe text of such appeal should be given to refugees and clearly explainedto them by their country of asylum.

5. Refugees who freely decide to return to their homeland, as a resultof such assurances or on their own initiative, shall be given everypossible assistance by the country of asylum, the country of origin,voluntary agencies and international and intergovernmentalorganizations, to facilitate their return.

Article 6 Travel Documents1. Subject to Article III, Member States shall issue to refugees

lawfully staying in their territories travel documents in accordance withthe United Nations Convention relating to the Status of Refugees andthe Schedule and Annex thereto, for the purpose of travel outside theirterritory, unless compelling reasons of national security or public orderotherwise require. Member States may issue such a travel document toany other refugee in their territory.

2. Where an African country of second asylum accepts a refugeefrom a country of first asylum, the country of first asylum may bedispensed from issuing a document with a return clause.

3. Travel documents issued to refugees under previous internationalagreements by States Parties thereto shall be recognized and treated byMember States in the same way as if they had been issued to refugeespursuant to this Article.

Article 7 Co-operation of the National Authorities with theOrganization of African Unity

In order to enable the Administrative Secretary-General of theOrganization of African Unity to make reports to the competent organsof the Organization of African Unity, Member States undertake toprovide the Secretariat in the appropriate form with information andstatistical data requested concerning:a) the condition of refugees;b) the implementation of this Convention, andc) laws, regulations and decrees which are, or may hereafter be, inforce relating to refugees.

Article 8 Cooperation with the Office of the United Nations HighCommissioner for Refugees

1. Member States shall co-operate with the Office of the UnitedNations High Commissioner for Refugees.

2. The present Convention shall be the effective regional complementin Africa of the 1951 United Nations Convention on the Status ofRefugees.

Article 9 Settlement of DisputesAny dispute between States signatories to this Convention relating

to its interpretation or application, which cannot be settled by othermeans, shall be referred to the Commission for Mediation, Conciliationand Arbitration of the Organization of African Unity, at the request ofany one of the Parties to the dispute.

Article 10 Signature and Ratification1. This Convention is open for signature and accession by all Member

States of the Organization of African Unity and shall be ratified bysignatory States in accordance with their respective constitutionalprocesses. The instruments of ratification shall be deposited with theAdministrative Secretary-General of the Organization of African Unity.

2. The original instrument, done if possible in African languages,and in English and French, all texts being equally authentic, shall bedeposited with the Administrative Secretary-General of the Organizationof African Unity.

3. Any independent African State, Member of the Organization ofAfrican Unity, may at any time notify the Administrative Secretary-General of the Organization of African Unity of its accession to thisConvention.

Article 11 Entry into forceThis Convention shall come into force upon deposit of instruments

of ratification by one third of the Member States of the Organization ofAfrican Unity.

Article 12 AmendmentThis Convention may be amended or revised if any member State

makes a written request to the Administrative Secretary-General to thateffect, provided however that the proposed amendment shall not besubmitted to the Assembly of Heads of State and Government forconsideration until all Member States have been duly notified of it anda period of one year has elapsed. Such an amendment shall not beeffective unless approved by at least two thirdsof the Member States Parties to the present Convention.

Article 13 Denunciation1. Any Member State Party to this Convention may denounce its

provisions by a written notification to the Administrative Secretary-General.

2. At the end of one year from the date of such notification, if notwithdrawn, the Convention shall cease to apply with respect to thedenouncing State.

Article 14 [Entry into force]Upon entry into force of this Convention, the Administrative Secretary-General of the OAU shall register it with the Secretary-General of theUnited Nations, in accordance with Article 102 of the Charter of theUnited Nations.

Article 15 [depository functions]Notifications by the Administrative Secretary-General of the

Organization of African Unity. The Administrative Secretary-Generalof the Organization of African Unity shall inform all Members of theOrganization:a) of signatures, ratifications and accessions in accordance withArticle 10;b) of entry into force, in accordance with Article 11;c) of requests for amendments submitted under the terms of Article12;d) of denunciations, in accordance with Article 13.


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PREAMBLEThe African Member States of the Organization of African Unity,

Parties to the present Charter entitled ‘African Charter on the Rightsand Welfare of the Child’,

Considering that the Charter of the Organization of African Unityrecognizes the paramountcy of Human Rights and the African Charteron Human and People’s Rights proclaimed and agreed that everyone isentitled to all the rights and freedoms recognized and guaranteed therein,without distinction of any kind such as race, ethnic group, colour. sex,language, religion, political or any other opinion, national and socialorigin, fortune, birth or other status,

Recalling the Declaration on the Rights and Welfare of the AfricanChild (AHG/ST.4 Rev.l) adopted by the Assembly of Heads of Stateand Government of the Organization of African Unity, at its SixteenthOrdinary Session in Monrovia, Liberia. from 17 to 20 July 1979,recognized the need to take appropriate measures to promote and protectthe rights and welfare of the African Child,

Noting with concern that the situation of most African children,remains critical due to the unique factors of their socio-economic,cultural, traditional and developmental circumstances, natural disasters,armed conflicts, exploitation and hunger, and on account of the child’sphysical and mental immaturity he/she needs special safeguards andcare,

Recognizing that the child occupies a unique and privileged positionin the African society and that for the full and harmonious developmentof his personality. the child should grow up in a family environment inan atmosphere of happiness, love and understanding,

Recognizing that the child, due to the needs of his physical and mentaldevelopment requires particular care with regard to health, physical,mental, moral and social development, and requires legal protection inconditions of freedom, dignity and security,

Taking into consideration the virtues of their cultural heritage,historical background and the values of the African civilization whichshould inspire and characterize their reflection on the concept of therights and welfare of the child,

Considering that the promotion and protection of the rights andwelfare of the child also implies the performance of duties on the partof everyone,

Reaffirming adherence to the principles of the rights and welfare ofthe child contained in the declaration, conventions and other instrumentsof the Organization of African Unity and in the United Nations and inparticular the United Nations Convention on the Rights of the Child;and the OAU Heads of State and Government’s Declaration on theRights and Welfare of the African Child.


PART 1 RIGHTS AND DUTIESCHAPTER 1 RIGHTS AND WELFARE OF THE CHILDArticle 1 Obligation of States Parties

1. Member States of the Organization of African Unity Parties to thepresent Charter shall recognize the rights, freedoms and duties enshrinedin this Charter and shall undertake to the necessary steps, in accordancewith their Constitutional processes and with the provisions of the presentCharter, to adopt such legislative or other measures as may be necessaryto give effect to the provisions of this Charter.

2. Nothing in this Charter shall affect any provisions that are moreconductive to the realization of the rights and welfare of the childcontained in the law of a State Party or in any other internationalConvention or agreement in force in that State.

3. Any custom, tradition, cultural or religious practice that isinconsistent with the rights, duties and obligations contained in thepresent Charter shall to the extent of such inconsistency be discouraged.

Article 2 Definition of a ChildFor tile purposes of this Charter. a child means every human being

below the age of 18 years.

Article 3 Non-DiscriminationEvery child shall be entitled to the enjoyment of the rights and

freedoms recognized and guaranteed in this Charter irrespective of thechild’s or his/her parents’ or legal guardians’ race, ethnic group, colour,sex, language, religion, political or other opinion, national and socialorigin, fortune, birth or other status.

Article 4 Best Interests of the Child1. In all actions concerning the child undertaken by any person or

authority the best interests of the child shall be the primaryconsideration.

2. In all judicial or administrative proceedings affecting a child whois capable of communicating his/her own views, and opportunity shallbe provided for the views of the child to be heard either directly orthrough an impartial representative as a party to the proceedings, andthose views shall be taken into consideration by the relevant authorityin accordance with the provisions of appropriate law.

Article 5 Survival and Development1. Every child has an inherent right to life. This right shall be protected

by law.2. States Parties to the present Charter shall ensure, to the maximum

extent possible, the survival, protection and development of the child.3. Death sentence shall not be pronounced for crimes committed by

children.

Article 6 Name and Nationality1. Every child shall have the right from his birth no a name.2. Every child shall be registered immediately after birth.3. Every child has the right to acquire a nationality.4. States Parties to the present Charter shall undertake to ensure that

their Constitutional legislation recognize the principles according towhich a child shall acquire the nationality of the State in the territoryof which he has been born if, at the time of the child’s birth, he is notgranted nationality by any other State in accordance with its laws.

Article 7 Freedom of ExpressionEvery child who is capable of communicating his or her own views

shall be assured the rights to express his opinions freely in all mattersand to disseminate his opinions subject to such restrictions as areprescribed by laws.

Article 8 Freedom of AssociationEvery child shall have the right to free association and freedom of

peaceful assembly in conformity with the law.

Article 9 Freedom of Thought, Conscience and Religion1. Every child shall have the right to freedom of thought conscience

and religion.2. Parents, and where applicable, legal guardians shall have a duty

to provide guidance and direction in the exercise of these rights havingregard to the evolving capacities, and best interests of the child.

3. States Parties shall respect the duty of parents and whereapplicable, legal guardians to provide guidance and direction in theenjoyment of these rights subject to the national laws and policies.

Article 10 Protection of PrivacyNo child shall be subject to arbitrary or unlawful interference with

his privacy, family home or correspondence, or to the attacks upon his

2 A.3 AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD

-adopted by the 26th Ordinary Session of the Assembly of Heads of State and Government of the OAU on 11 July1990, Addis Ababa, Ethiopia. reference document: OAU Doc. CAB/LEG/24.9/49 (1990)-entered into force on 29 November 1999-ratifications, etc.: 33 as per 15 July 2004


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honour or reputation, provided that parents or legal guardians shallhave the right to exercise reasonable supervision over the conduct oftheir children. The child has the right to the protection of the law againstsuch interference or attacks.

Article 11 Education1. Every child shall have the right to an education.2. The education of the child shall be directed to:

a) the promotion and development of the child’s personality, talentsand mental and physical abilities to their fullest potential;b) fostering respect for human rights and fundamental freedoms withparticular reference to those set out in the provisions of various Africaninstruments on human and peoples’ rights and international human rightsdeclarations and conventions;c) the preservation and strengthening of positive African morals,traditional values and cultures;d) the preparation of the child for responsible life in a free society, inthe spirit of understanding tolerance, dialogue, mutual respect andfriendship among all peoples ethnic, tribal and religious groups;e) the preservation of national independence and territorial integrity;f) the promotion and achievements of African Unity and Solidarity;g) the development of respect for the environment and natural resources;h) the promotion of the child’s understanding of primary health care.

3. States Parties to the present Charter shall take all appropriatemeasures with a view to achieving the full realization of this right andshall in particular:a) provide free and compulsory basic education;b) encourage the development of secondary education in its differentforms and to progressively make it free and accessible to all;c) make the higher education accessible to all on the basis of capacityand ability by every appropriate means;d) take measures to encourage regular attendance at schools and thereduction of drop-out rates;e) take special measures in respect of female, gifted and disadvantagedchildren, to ensure equal access to education for all sections of thecommunity.

4. States Parties to the present Charter shall respect the rights andduties of parents, and where applicable, of legal guardians to choosefor their children’s schools, other than those established by publicauthorities, which conform to such minimum standards may be approvedby the State, to ensure the religious and moral education of the child ina manner with the evolving capacities of the child.

5. States Parties to the present Charter shall take all appropriatemeasures to ensure that a child who is subjected to schools or parentaldiscipline shall be treated with humanity and with respect for theinherent dignity of the child and in conformity with the present Charter.

6. States Parties to the present Charter shall have all appropriatemeasures to ensure that children who become pregnant beforecompleting their education shall have an opportunity to continue withtheir education on the basis of their individual ability.

7. No part of this Article shall be construed as to interfere with theliberty of individuals and bodies to establish and direct educationalinstitutions subject to the observance of the principles set out inparagraph I of this Article and the requirement teal the education givenin such institutions shall conform to such minimum standards as maybe laid down by the States.

Article 12 Leisure, Recreation and Cultural Activities1. States Parties recognize the right of the child to rest and leisure,

to engage in play and recreational activities appropriate to the age ofthe child and to participate freely in cultural life and the arts.

2. States Parties shall respect and promote the right of the child tofully participate in cultural and artistic life and shall encourage theprovision of appropriate and equal opportunities for cultural, artistic,recreational and leisure activity.

Article 13 Handicapped Children1. Every child who is mentally or physically disabled shall have the

right to special measures of protection in keeping with his physical andmoral needs and under conditions which ensure his dignity, promotehis self-reliance and active participation in the community.

2. States Parties to the present Charter shall ensure, subject toavailable resources, to a disabled child and to those responsible for hiscare, of assistance for which application is made and which is

appropriate to the child’s condition and in particular shall ensure thatthe disabled child has effective access to training, preparation foremployment and recreation opportunities in a manner conducive to thechild achieving the fullest possible social integration, individualdevelopment and his cultural and moral development.

3. The States Parties to the present Charter shall use their availableresources with a view to achieving progressively the full convenienceof the mentally and physically disabled person to movement and accessto public highway buildings and other places to which the disabledmay legitimately want to have access to.

Article 14 Health and Health Services1. Every child shall have the right to enjoy the best attainable state

of physical, mental and spiritual health.2. States Parties to the present Charter shall undertake to pursue the

full implementation of this right and in particular shall take measures:(a)to reduce infant and child morality rate;b) to ensure the provision of necessary medical assistance and healthcare to all children with emphasis on the development of primary healthcare;c) to ensure the provision of adequate nutrition and safe drinking water;d) to combat disease and malnutrition within the framework of primaryhealth care through the application of appropriate technology;e) to ensure appropriate health care for expectant and nursing mothers;f) to develop preventive health care and family life education andprovision of service;g) to integrate basic health service programmes in national developmentplans;h) to ensure that all sectors of the society, in particular, parents, children,community leaders and community workers are informed and supportedin the use of basic knowledge of child health and nutrition, theadvantages of breastfeeding, hygiene and environmental sanitation andthe prevention of domestic and other accidents;i) to ensure the meaningful participation of non-governmentalorganizations, local communities and the beneficiary population in theplanning and management of a basic service programme for children;j) to support through technical and financial means, the mobilizationof local community resources in the development of primary healthcare for children.

Article 15 Child Labour1. Every child shall be protected from all forms of economic

exploitation and from performing any work that is likely to be hazardousor to interfere with thechild’s physical, mental, spiritual, moral, or social development.

2. States Parties to the present Charter take all appropriate legislativeand administrative measures to ensure the full implementation of thisArticle which covers both the formal and informal sectors ofemployment and having regard to the relevant provisions of theInternational Labour Organization’s instruments relating to children,States Parties shall in particular:a) provide through legislation, minimum wages for admission to everyemployment;b) provide for appropriate regulation of hours and conditions ofemployment;c) provide for appropriate penalties or other sanctions to ensure theeffective enforcement of this Article;d) promote the dissemination of information on the hazards of childlabour to all sectors of the community.

Article 16 Protection Against Child Abuse and Torture1. States Parties to the present Charter shall take specific legislative,

administrative, social and educational measures to protect the childfrom all forms of torture, inhuman or degrading treatment and especiallyphysical or mental injury or abuse, neglect or maltreatment includingsexual abuse, while in the care of the child.

2. Protective measures under this Article shall include effectiveprocedures for the establishment of special monitoring units to providenecessary support for the child and for those who have the care of thechild, as well as other forms of prevention and for identification,reporting referral investigation, treatment, and follow-up of instancesof child abuse and neglect.


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Article 17 Administration of Juvenile Justice1. Every child accused or found guilty of having infringed penal law

shall have the right to special treatment in a manner consistent with thechild’s sense of dignity and worth and which reinforces the child’srespect for human rights and fundamental freedoms of others.

2. States Parties to the present Charter shall in particular:a) ensure that no child who is detained or imprisoned or otherwisedeprived of his/her liberty is subjected to torture, inhuman or degradingtreatment or punishment;b) ensure that children are separated from adults in their place ofdetention or imprisonment;c) ensure that every child accused in infringing the penal law:i) shall be presumed innocent until duly recognized guilty;ii)shall be informed promptly in a language that he understands and in

detail of the charge against him, and shall be entitled to the assistanceof an interpreter if he or she cannot understand the language used;

iii shall be afforded legal and other appropriate assistance in thepreparation and presentation of his defence;(iv) shall have the matterdetermined as speedily as possible by an impartial tribunal and iffound guilty, be entitled to an appeal by a higher tribunal;

d) prohibit the press and the public from trial.3. The essential aim of treatment of every child during the trial and

also if found guilty of infringing the penal law shall be his or herreformation, re-integration into his or her family and socialrehabilitation.

4. There shall be a minimum age below which children shall bepresumed not to have the capacity to infringe the penal law.

Article 18 Protection of the Family1. The family shall be the natural unit and basis of society. it shall

enjoy the protection and support of the State for its establishment anddevelopment.

2. States Parties to the present Charter shall take appropriate stepsto ensure equality of rights and responsibilities of spouses with regardto children during marriage and in the even of its dissolution. In caseof the dissolution, provision shall be made for the necessary protectionof the child.

3. No child shall be deprived of maintenance by reference to theparents’ marital status.

Article 19 Parent Care and Protection1. Every child shall be entitled to the enjoyment of parental care and

protection and shall, whenever possible, have the right to reside withhis or her parents. No child shall be separated from his parents againsthis will, except when a judicial authority determines in accordance withthe appropriate law, that such separation is in the best interest of thechild.

2. Every child who is separated from one or both parents shall havethe right to maintain personal relations and direct contact with bothparents on a regular basis.

3. Where separation results from the action of a State Party, the StateParty shall provide the child, or if appropriate, another member of thefamily with essential information concerning the whereabouts of theabsent member or members of the family. States Parties shall also ensurethat the submission of such a request shall not entail any adverseconsequences for the person or persons in whose respect it is made.

4. Where a child is apprehended by a State Party, his parents orguardians shall, as soon as possible, be notified of such apprehensionby that State Party.

Article 20 Parental Responsibilities1. Parents or other persons responsible for the child shall have the

primary responsibility of the upbringing and development the childand shall have the duty:a) to ensure that the best interests of the child are their basic concern atall times-b) to secure, within their abilities and financial capacities, conditionsof living necessary to the child’s development; andc) to ensure that domestic discipline is administered with humanityand in a manner consistent with the inherent dignity of the child.

2. States Parties to the present Charter shall in accordance with theirmeans and national conditions the all appropriate measures;a) to assist parents and other persons responsible for the child and incase of need provide material assistance and support programmes

particularly with regard to nutrition, health, education, clothing andhousing;b) to assist parents and others responsible for the child in theperformance of child-rearing and ensure the development of institutionsresponsible for providing care of children; andc) to ensure that the children of working parents are provided with careservices and facilities.

Article 21 Protection against Harmful Social and CulturalPractices

1. States Parties to the present Charter shall take all appropriatemeasures to eliminate harmful social and cultural practices affectingthe welfare, dignity, normal growth and development of the child andin particular:a) those customs and practices prejudicial to the health or life of thechild; andb) those customs and practices discriminatory to the child on the groundsof sex or other status.

2. Child marriage and the betrothal of girls and boys shall beprohibited and effective action, including legislation, shall be taken tospecify the minimum age of marriage to be 18 years and makeregistration of all marriages in an official registry compulsory.

Article 22 Armed Conflicts1. States Parties to this Charter shall undertake to respect and ensure

respect for rules of international humanitarian law applicable in armedconflicts which affect the child.

2. States Parties to the present Charter shall take all necessarymeasures to ensure that no child shall take a direct part in hostilitiesand refrain in particular, from recruiting any child.

3. States Parties to the present Charter shall, in accordance with theirobligations under international humanitarian law, protect the civilianpopulation in armed conflicts and shall take all feasible measures toensure the protection and care of children who are affected by armedconflicts. Such rules shall also apply to children in situations of internalarmed conflicts, tension and strife.

Article 23 Refugee Children1. States Parties to the present Charter shall take all appropriate

measures to ensure that a child who is seeking refugee status or who isconsidered a refugee in accordance with applicable international ordomestic law shall, whether unaccompanied or accompanied by parents,legal guardians or close relatives, receive appropriate protection andhumanitarian assistance in the enjoyment of the rights set out in thisCharter and other international human rights and humanitarianinstruments to which the States are Parties.

2. States Parties shall undertake to cooperate with existinginternational organizations which protect and assist refugees in theirefforts to protect and assist such a child and to trace the parents orother close relatives or an unaccompanied refugee child in order toobtain information necessary for reunification with the family.

3. Where no parents, legal guardians or close relatives can be found,the child shall be accorded the same protection as any other childpermanently or temporarily deprived of his family environment for anyreason.

4. The provisions of this Article apply mutatis mutandis to internallydisplaced children whether through natural disaster, internal armedconflicts, civil strife, breakdown of economic and social order orhowsoever caused.

Article 24 AdoptionStates Parties which recognize the system of adoption shall ensure

that the best interest of the child shall be the paramount considerationand they shall:a) establish competent authorities to determine matters of adoption andensure that the adoption is carried out in conformity with applicablelaws and procedures and on the basis of all relevant and reliableinformation, that the adoption is permissible in view of the child’s statusconcerning parents, relatives and guardians and that, if necessary, theappropriate persons concerned have given their informed consent tothe adoption on the basis of appropriate counselling;b) recognize that inter-country adoption in those States who have ratifiedor adhered to the International Convention on the Rights of the Childor this Charter, may, as the last resort, be considered as an alternative


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means of a child’s care, if the child cannot be placed in a foster or anadoptive family or cannot in any suitable manner be cared for in thechild’s country of origin;c) ensure that the child affected by inter-country adoption enjoyssafeguards and standards equivalent to those existing in the case ofnational adoption;d) take all appropriate measures to ensure that in inter-country adoption,the placement does not result in trafficking or improper financial gainfor those who try to adopt a child;e) promote, where appropriate, the objectives of this Article byconcluding bilateral or multilateral arrangements or agreements, andendeavour, within this framework to ensure that the placement of thechild in another country is carried out by competent authorities ororgans;f) establish a machinery to monitor the well-being of the adopted child.

Article 25 Separation from Parents1. Any child who is permanently or temporarily deprived of his family

environment for any reason shall be entitled to special protection andassistance;

2. States Parties to the present Charter:a) shall ensure that a child who is parentless, or who is temporarily orpermanently deprived of his or her family environment, or who in hisor her best interest cannot be brought up or allowed to remain in thatenvironment shall be provided with alternative family care, which couldinclude, among others, foster placement, or placement in suitableinstitutions for the care of children;b) shall take all necessary measures to trace and re-unite children withparents or relatives where separation is caused by internal and externaldisplacement arising from armed conflicts or natural disasters.

3. When considering alternative family care of the child and the bestinterests of the child, due regard shall be paid to the desirability ofcontinuity in a child’s upbringing and to the child’s ethnic, religious orlinguistic background.

Article 26 Protection Against Apartheid and Discrimination1. States Parties to the present Charter shall individually and

collectively undertake to accord the highest priority to the special needsof children living under Apartheid and in States subject to militarydestabilisation by the Apartheid regime.

2. States Parties to the present Charter shall individually andcollectively undertake to accord the highest priority to the special needsof children living under regimes practising racial, ethnic. religious orother forms of discrimination as well as in States subject to militarydestabilisation.

3. States Parties shall undertake to provide whenever possible,material assistance to such children and to direct their efforts towardsthe elimination of all forms of discrimination and Apartheid on theAfrican Continent.

Article 27 Sexual Exploitation1. States Parties to the present Charter shall undertake to protect the

child from all forms of sexual exploitation and sexual abuse and shallin particular take measures to prevent:a) the inducement, coercion or encouragement of a child to engage inany sexual activity;b) the use of children in prostitution or other sexual practices;c) the use of children in pornographic activities, performances andmaterials.

Article 28 Drug AbuseStates Parties to the present Charter shall take all appropriate

measures to protect the child from the use of narcotics and illicit use ofpsychotropic substances as defined in the relevant international treaties,and to prevent the use of children in the production and trafficking ofsuch substances.

Article 29 Sale, Trafficking and AbductionStates Parties to the present Charter shall take appropriate measures

to prevent: a) the abduction, the sale of, or traffick of children for anypurpose or in any form, by any person including parents or legalguardians of the child;b) the use of children in all forms of begging.

Article 30 Children of Imprisoned Mothers1. States Parties to the present Charter shall undertake to provide

special treatment to expectant mothers and to mothers of infants andyoung children who have been accused or found guilty of infringingthe penal law and shall in particular:a) ensure that a non-custodial sentence will always be first consideredwhen sentencing such mothers;b) establish and promote measures alternative to institutionalconfinement for the treatment of such mothers;c) establish special alternative institutions for holding such mothers;d) ensure that a mother shall not be imprisoned with her child;e) ensure that a death sentence shall not be imposed on such mothers;f) the essential aim of the penitentiary system will be the reformation,the integration of the mother to the family and social rehabilitation.

Article 31 Responsibility of the ChildEvery child shall have responsibilities towards his family and society,

the State and other legally recognized communities and the internationalcommunity. The child, subject to his age and ability, and such limitationsas may be contained in the present Charter, shall have the duty;a) to work for the cohesion of the family, to respect his parents, superiorsand elders at all times and to assist them in case of need;b) to serve his national community by placing his physical andintellectual abilities at its service;c) to preserve and strengthen social and national solidarity;d) to preserve and strengthen African cultural values in his relationswith other members of the society, in the spirit of tolerance, dialogueand consultation and to contribute to the moral well-being of society;e) to preserve and strengthen the independence and the integrity of hiscountry;f) to contribute to the best of his abilities, at all times and at all levels,to the promotion and achievement of African Unity.

PART IICHAPTER 2 ESTABLISHMENT AND ORGANIZATION OF

THE COMMITTEE ON THE RIGHTS ANDWELFARE OF THE CHILD

Article 32 The CommitteeAn African Committee of Experts on the Rights and Welfare of the

Child hereinafter called ‘the Committee’ shall be established withinthe Organization of African Unity to promote and protect the rightsand welfare of the child.

Article 33 Composition1. The Committee shall consist of 11 members of high moral standing,

integrity, impartiality and competence in matters of the rights andwelfare of the child.

2. The members of the Committee shall serve in their personalcapacity.

3. The Committee shall not include more than one national of thesame State.

Article 34 ElectionAs soon as this Charter shall enter into force the members of the

Committee shall be elected by secret ballot by the Assembly of Headsof State and Government from a list of persons nominated by the StatesParties to the present Charter.

Article 35 CandidatesEach State Party to the present Charter may nominate not more than

two candidates. The candidates must have one of the nationalities ofthe States Parties to the present Charter. When two candidates arenominated by a State, one of them shall not be a national of that State.

Article 361. The Secretary-General of the Organization of African Unity shall

invite States Parties to the present Charter to nominate candidates atleast six months before the elections.

2. The Secretary-General of the Organization of African Unity shalldraw up in alphabetical order, a list of persons nominated andcommunicate it to the Heads of State and Government at least twomonths before the elections.


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Article 37 Term of Office1. The members of the Committee shall be elected for a tenn of five

years and may not be re-elected, however. the term of four of themembers elected at the first election shall expire after two years andthe term of six others, after four years.

2. Immediately after the first election, the Chairman of the Assemblyof Heads of State and Government of the Organization of African Unityshall draw lots to determine the names of those members referred to insub-paragraph 1 of this Article.

3. The Secretary-General of the Organization of African Unity shallconvene the first meeting of Committee at the Headquarters of theOrganization within six months of the election of the members of theCommittee, and thereafter the Committee shall be convened by itsChairman whenever necessary, at least once a year.

Article 38 Bureau1. The Committee shall establish its own Rules of Procedure.2. The Committee shall elect its officers for a period of two years.3. Seven Committee members shall form the quorum.4. In case of an equality of votes, the Chairman shall have a casting

vote.5. The working languages of the Committee shall be the official

languages of the OAU.

Article 39 VacancyIf a member of the Committee vacates his office for any reason other

than the normal expiration of a term, the State which nominated thatmember shall appoint another member from among its nationals to servefor the remainder of the term - subject to the approval of the Assembly.

Article 40 SecretariatThe Secretary-General of the Organization of African Unity shall

appoint a Secretary for the Committee.

Article 41 Privileges and ImmunitiesIn discharging their duties, members of the Committee shall enjoy

the privileges and immunities provided for in the General Conventionon the Privileges and Immunities of the Organization of African Unity.

CHAPTER 3 MANDATE AND PROCEDURE OF THECOMMITTEE

Article 42 MandateThe functions of the Committee shall be:

a) To promote and protect the rights enshrined in this Charter and inparticular to:i) collect and document information, commission inter-disciplinary

assessment of situations on African problems in the fields of therights and welfare of the child, organize meetings, encourage nationaland local institutions concerned with the rights and welfare of thechild, and where necessary give its views and make recommendationsto Governments;

ii)formulate and lay down principles and rules aimed at protecting therights and welfare of children in Africa;

iii cooperate with other African, international and regional Institutionsand organizations concerned with the promotion and protection ofthe rights and welfare of the child.

b) To monitor the implementation and ensure protection of the rightsenshrined in this Charter.c) To interpret the provisions of the present Charter at the request of aState Party, an Institution of the Organization of African Unity or anyother person or Institution recognized by the Organization of AfricanUnity, or any State Party.d) Perform such other task as may be entrusted to it by the Assembly ofHeads of State and Government, Secretary-General of the OAU andany other organs of the OAU or the United Nations.

Article 43 Reporting Procedure1. Every State Party to the present Charter shall undertake to submit

to the Committee through the Secretary-General of the Organization ofAfrican Unity, reports on the measures they have adopted which giveeffect to the provisions of this Charter and on the progress made in theenjoyment of these rights:

a) within two years of the entry into force of the Charter for the StateParty concerned: andb) and thereafter, every three years.

2. Every report made under this Article shall:a) contain sufficient information on the implementation of the presentCharter to provide the Committee with comprehensive understandingof the implementation of the Charter in the relevant country; andb) shall indicate factors and difficulties, if any, affecting the fullfilmentof the obligations contained in the Charter.

3. A State Party which has submitted a comprehensive first report tothe Committee need not, in its subsequent reports submitted inaccordance with paragraph I (a) of this Article, repeat the basicinformation previously provided.

Article 44 Communications1. The Committee may receive communication, from any person,

group or nongovernmental organization recognized by the Organizationof African Unity, by a Member State, or the United Nations relating toany matter covered by this Charter.

2. Every communication to the Committee shall contain the nameand address of the author and shall be treated in confidence.

Article 45 Investigations by the Committee1. The Committee may, resort to any appropriate method of

investigating any matter falling within the ambit of the present Charter,request from the States Parties any information relevant to theimplementation of the Charter and may also resort to any appropriatemethod of investigating the measures the State Party has adopted toimplement the Charter.

2. The Committee shall submit to each Ordinary Session of theAssembly of Heads of State and Government every two years, a reporton its activities and on any communication made under Article [44] ofthis Charter.

3. The Committee shall publish its report after it has been consideredby the Assembly of Heads of State and Government.

4. States Parties shall make the Committee’s reports widely availableto the public in their own countries.

CHAPTER 4 MISCELLANEOUS PROVISIONSArticle 46 Sources of Inspiration

The Committee shall draw inspiration from International Law onHuman Rights, particularly from the provisions of the African Charteron Human and Peoples’ Rights, the Charter of the Organization ofAfrican Unity, the Universal Declaration on Human Rights, theInternational Convention on the Rights of the Child, and otherinstruments adopted by the United Nations and by African countries inthe field of human rights, and from African values and traditions.

Article 47 Signature, Ratification or Adherence1. The present Charter shall be open to signature by all the Member

States of the Organization of African Unity.2. The present Charter shall be subject to ratification or adherence

by Member States of the Organization of African Unity. The instrumentsof ratification or adherence to the present Charter shall be depositedwith the Secretary-General of the Organization of African Unity.

3. The present Charter shall come into force 30 days after thereception by the Secretary-General of the Organization of African Unityof the instruments of ratification or adherence of 15 Member States ofthe Organization of African Unity.

Article 48 Amendment and Revision of the Charter1. The present Charter may be amended or revised if any State Party

makes a written request to that effect to the Secretary-General of theOrganization of African Unity, provided that the proposed amendmentis not submitted to the Assembly of Heads of State and Governmentfor consideration until all the States Parties have been duly notified ofit and the Committee has given its opinion on the amendment.

2. An amendment shall be approved by a simple majority of theStates Parties.


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The Ninth International Conference of American States,Whereas:The American peoples have acknowledged the dignity of the

individual, and their national constitutions recognize that juridical andpolitical institutions, which regulate life in human society, have as theirprincipal aim the protection of the essential rights of man and thecreation of circumstances that will permit him to achieve spiritual andmaterial progress and attain happiness;

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

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

The affirmation of essential human rights by the American Statestogether with the guarantees given by the internal regimes of the Statesestablish the initial system of protection considered by the AmericanStates as being suited to the present social and juridical conditions, notwithout a recognition on their part that they should increasinglystrengthen that system in the international field as conditions becomemore favourable,

Agrees to adopt the following American Declaration of the Rightsand Duties of Man.

PREAMBLEAll men are born free and equal, in dignity and in rights, and, being

endowed by nature with reason and conscience, they should conductthemselves as brothers one to another.

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

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

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

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

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

CHAPTER I RIGHTSArticle 1 Right to life, liberty and personal security

Every human being has the right to life, liberty and the security ofhis person.

Article 2 Right to equality before the lawAll persons are equal before the law and have the rights and duties

established in this declaration, without distinction as to race, sex,language, creed or any other factor.

Article 3 Right to religious freedom and worshipEvery person has the right freely to profess a religious faith, and to

manifest and practice it both in public and in private.

Article 4 Right to freedom of investigation, opinion, expressionand dissemination.

Every person has the right to freedom of investigation, of opinion,and of the expression and dissemination of ideas, by any mediumwhatsoever.

2 B.1 AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN

-adopted by the Ninth International Conference of American States, on 2 May 1948 in Bogotá, Colombia

Article 5 Right to protection of honor, personal reputation, andprivate and family life.

Every person has the right to the protection of the law against abusiveattacks upon his honour, his reputation, and his private and family life.

Article 6 Right to a family and to the protection thereofEvery person has the right to establish a family, the basic element of

society, and to receive protection therefor.

Article 7 Right to protection for mothers and childrenAll women, during pregnancy and the nursing period, and all children

have the right to special protection, care and aid.

Article 8 Right to residence and movementEvery person has the right to fix his residence within the territory of

the state of which he is a national, to move about freely within suchterritory, and not to leave it except by his own will.

Article 9 Right to inviolability of the homeEvery person has the right to the inviolability of his home.

Article 10 Right to freedom of correspondenceEvery person has the right to the inviolability and transmission of

his correspondence.

Article 11 Right to the preservation of health and well-beingEvery person has the right to the preservation of his health through

sanitary and social measures relating to food, clothing, housing andmedical care, to the extent permitted by public and communityresources.

Article 12 Right to educationEvery person has the right to an education, which should be based

on the principles of liberty, morality and human solidarity.Likewise every person has the right to an education that will prepare

him to attain a decent life, to raise his standard of living and to be auseful member of society.

The right to an education includes the right to equality of opportunityin every case, in accordance with natural talents, merit and the desireto utilize the resources that the state or the community is in a positionto provide.

Every person has the right to receive, free, at least a primaryeducation.

Article 13 Right to the benefits of cultureEvery person has the right to take part in the cultural life of the

community, to enjoy the arts and to participate in the benefits that resultfrom intellectual progress, especially scientific discoveries.

He likewise has the right to the protection of his moral and materialinterests as regards his inventions or any literary, scientific or artisticworks of which he is the author.

Article 14 Right to work and to fair remunerationEvery person has the right to work, under proper conditions, and to

follow his vocation freely, in so far as existing conditions of employmentpermit.

Every person who works has the right to receive such remunerationas will, in proportion to his capacity and skill, assure him a standard ofliving suitable for himself and his family.

Article 15 Right to leisure time and to the use thereofEvery person has the right to leisure time, to wholesome recreation,

and to the opportunity for advantageous use of his free time to hisspiritual, cultural and physical benefit.


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Article 16 Right to social securityEvery person has the right to social security which will protect him

from the consequences of unemployment, old age, and any disabilitiesarising from causes beyond his control that make it physically ormentally impossible for him to earn a living.

Article 17 Right to recognition of juridical personality and civilrights

Every person has the right to be recognized everywhere as a personhaving rights and obligation, and to enjoy the basic civil rights.

Article 18 Right to a fair trialEvery person may resort to the courts to ensure respect for his legal

rights. There should likewise be available to him a simple, briefprocedure whereby the courts will protect him from acts of authoritythat, to his prejudice, violate any fundamental constitutional rights.

Article 19 Right to nationalityEvery person has the right to the nationality to which he is entitled

by law and to change it, if he so wishes, for the nationality of any othercountry that is willing to grant it to him

Article 20 Right to vote and to participate in governmentEvery person having legal capacity is entitled to participate in the

government of his country, directly or through his representatives, andto take part in popular elections, which shall be by secret ballot, andshall be honest, periodic and free.

Article 21 Right of assemblyEvery person has the right to assemble peaceably with others in a

formal public meeting or an informal gathering, in connection withmatters of common interest of any nature.

Article 22 Right of associationEvery person has the right to associate with others to promote, exerciseand protect his legitimate interests of a political, economic, religious,social, cultural, professional, labour union or other nature.

Article 23 Right to propertyEvery person has a right to own such private property as meets the

essential needs of decent living and helps to maintain the dignity of theindividual and of the home.

Article 24 Right to petitionEvery person has the right to submit respectful petitions to any

competent authority, for reasons of either general or private interest,and the right to obtain a prompt decision thereon.

Article 25 Right of protection from arbitrary arrestNo person may be deprived of his liberty except in the cases and

according to the procedures established by pre-existing law.No person may be deprived of liberty for non-fulfilment of

obligations of a purely civil character.Every individual who has been deprived of his liberty has the right

to have the legality of his detention ascertained without delay by acourt, and the right to be tried without undue delay or, otherwise to bereleased. He also has the right to humane treatment during the time heis in custody.

Article 26 Right to due process of lawEvery accused person is presumed to be innocent until proved guilty.Every person accused of an offence has the right to be given an

impartial and public hearing, and to be tried by courts previouslyestablished in accordance with pre-existing laws, and not to receivecruel, infamous or unusual punishment.

Article 27 Right of asylumEvery person has the right, in case of pursuit not resulting from

ordinary crimes, to seek and receive asylum in foreign territory, inaccordance with the laws of each country and with internationalagreements.

Article 28 Scope of the rights of manThe rights of man are limited by the rights of others, by the security

of all, and by the just demands of the general welfare and theadvancement of democracy.

Chapter II DUTIESArticle 29 Duties to the society

It is the duty of the individual so to conduct himself in relation toothers that each and every one may fully form and develop hispersonality.

Article 30 Duties towards children and parentsIt is the duty of every person to aid, support, educate and protect his

minor children, and it is the duty of children to honour their parentsalways and to aid, support and protect them when they need it.

Article 31 Duty to receive instructionIt is the duty of every person to acquire at least an elementary

education.

Article 32 Duty to voteIt is the duty of every person to vote in the popular elections of the

country of which he is a national, when he is legally capable of doingso.

Article 33 Duty to obey the lawIt is the duty of every person to obey the law and other legitimate

commands of the authorities of his country and those of the country inwhich he may be.

Article 34 Duty to serve the community and the nationIt is the duty of every able-bodied person to render whatever civil

and military service his country may require for its defence andpreservation, and, in case of public disaster, to render such services asmay be in his power.

It is likewise his duty to hold any public office to which he may beelected by popular vote in the state of which he is a national.

Article 35 Duties with respect to social securityIt is the duty of every person to cooperate with the State and the

community with respect to social security and welfare, in accordancewith his ability and with existing circumstances.

Article 36 Duty to pay taxesIt is the duty of every person to pay the taxes established by law for

the support of public services.

Article 37 Duty to workIt is the duty of every person to work, as far as his capacity and

possibilities permit, in order to obtain the means of livelihood or tobenefit his community.

Article 38 Duty to refrain from political activities in a foreigncountry

It is the duty of every person to refrain from taking part in politicalactivities that, according to law, are reserved exclusively to the citizensof the state in which he is an alien.


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2 B.2 AMERICAN CONVENTION ON HUMAN RIGHTS

-adopted by the Inter-American Specialised Conference on Human Rights on 22 of November 1969 at San José-opened for signature, ratification and accession on 22 November 1969-entered into force on 18 July 1978-ratifications, etc.: 25 as per 15 July 2004; 22 States had accepted the jurisdiction of the Court (article 62)

PREAMBLEThe 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 libertyand social justice based on respect for the essential rights of man;

Recognizing that the essential rights of man are not derived fromone’s being a national of a certain state, but are based upon attributesof the human personality, and that they therefore justify internationalprotection in the form of a convention reinforcing or complementingthe protection provided by the domestic law of the American states;

Considering that these principles have been set forth in the Charterof the Organization of American States, in the American Declarationof the Rights and Duties of Man, and in the Universal Declaration ofHuman Rights, and that they have been reaffirmed and refined in otherinternational instruments, worldwide as well as regional in scope;

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

Considering that the Third Special Inter-American Conference(Buenos Aires, 1967) approved the incorporation into the Charter ofthe Organization itself of broader standards with respect to economic,social, and educational rights and resolved that an inter-Americanconvention 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 PROTECTEDCHAPTER I: GENERAL OBLIGATIONSArticle 1 Obligation to Respect Rights

1. The States Parties to this Convention undertake to respect therights and freedoms recognized herein and to ensure to all personssubject to their jurisdiction the free and full exercise of those rightsand freedoms, without any discrimination for reasons of race, colour,sex, language, religion, political or other opinion, national or socialorigin, economic status, birth, or any other social condition.

2. For the purposes of this Convention, ‘person’ means every humanbeing.

Article 2 Domestic Legal EffectsWhere the exercise of any of the rights or freedoms referred to in

Article 1 is not already ensured by legislative or other provisions, theStates Parties undertake to adopt, in accordance with their constitutionalprocesses and the provisions of this Convention, such legislative orother measures as may be necessary to give effect to those rights orfreedoms.

CHAPTER II CIVIL AND POLITICAL RIGHTSArticle 3 Right to Juridical Personality Every person has the right to recognition as a person before the law.

Article 4 Right to life1. Every person has the right to have his life respected. This right

shall be protected by law and, in general, from the moment ofconception. No one shall be arbitrarily deprived of his life.

2. In countries that have not abolished the death penalty, it may beimposed only for the most serious crimes and pursuant to a finaljudgment rendered by a competent court and in accordance with a lawestablishing such punishment, enacted prior to the commission of thecrime. The application of such punishment shall not be extended tocrimes to which it does not presently apply.

3. The death penalty shall not be re-established in states that haveabolished it.

4. In no case shall capital punishment be inflicted for politicaloffenses or related common crimes.

5. Capital punishment shall not be imposed upon persons who, atthe time the crime was committed, were under 18 years of age or over70 years of age; nor shall it be applied to pregnant women.

6. Every person condemned to death shall have the right to apply foramnesty, pardon, or commutation of sentence, which may be grantedin all cases. Capital punishment shall not be imposed while such apetition is pending decision by the competent authority.

Article 5 Right to Humane Treatment1. Every person has the right to have his physical, mental, and moral

integrity respected.2. No one shall be subjected to torture or to cruel, inhuman, or

degrading punishment or treatment. All persons deprived of their libertyshall be treated with respect for the inherent dignity of the human person.

3. Punishment shall not be extended to any person other than thecriminal.

4. Accused persons shall, save in exceptional circumstances, besegregated from convicted persons, and shall be subject to separatetreatment appropriate to their status as unconvicted persons.

5. Minors while subject to criminal proceedings shall be separatedfrom adults and brought before specialized tribunals, as speedily aspossible, so that they may be treated in accordance with their status asminors.

6. Punishments consisting of deprivation of liberty shall have as anessential aim the reform and social re-adaptation of the prisoners.

Article 6 Freedom from Slavery1. No one shall be subject to slavery or to involuntary servitude,

which are prohibited in all their forms, as are the slave trade and trafficin women.

2. No one shall be required to perform forced or compulsory labour.This provision shall not be interpreted to mean that, in those countriesin which the penalty established for certain crimes is deprivation ofliberty at forced labour, the carrying out of such a sentence imposed bya competent court is prohibited. Forced labour shall not adversely affectthe dignity or the physical or intellectual capacity of the prisoner.

3. For the purpose of this article the following do not constitute forcedor compulsory labour:a) work or service normally required of a person imprisoned inexecution of a sentence or formal decision passed by the competentjudicial authority. Such work or service shall be carried out under thesupervision and control of public authorities, and any personsperforming such work or service shall not be placed at the disposal ofany private party, company, or juridical person;b) military service and, in countries in which conscientious objectorsare recognized, national service that the law may provide for in lieu ofmilitary service;c) service exacted in time of danger or calamity that threatens theexistence or the well-being of the community; ord) work or service that forms part of normal civic obligations.

Article 7 Right to Personal Liberty1. Every person has the right to personal liberty and security.

2. No one shall be deprived of his physical liberty except for the reasonsand under the conditions established beforehand by the constitution ofthe State Party concerned or by a law established pursuant thereto.

3. No one shall be subject to arbitrary arrest or imprisonment.4. Anyone who is detained shall be informed of the reasons for his

detention and shall be promptly notified of the charge or charges againsthim.


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5. Any person detained shall be brought promptly before a judge orother officer authorized by law to exercise judicial power and shall beentitled to trial within a reasonable time or to be released withoutprejudice to the continuation of the proceedings. His release may besubject to guarantees to assure his appearance for trial.

6. Anyone who is deprived of his liberty shall be entitled to recourseto a competent court, in order that the court may decide without delayon the lawfulness of his arrest or detention and order his release if thearrest or detention is unlawful. In States Parties whose laws providethat anyone who believes himself to be threatened with deprivation ofhis liberty is entitled to recourse to a competent court in order that itmay decide on the lawfulness of such threat, this remedy may not berestricted or abolished. The interested party or another person in hisbehalf is entitled to seek these remedies.

7. No one shall be detained for debt. This principle shall not limitthe orders of a competent judicial authority issued for non-fulfillmentof duties of support.

Article 8 Right to a Fair Trial1. Every person has the right to a hearing, with due guarantees and

within a reasonable time, by a competent, independent, and impartialtribunal, previously established by law, in the substantiation of anyaccusation of a criminal nature made against him or for thedetermination of his rights and obligations of a civil, labour, fiscal, orany other nature.

2. Every person accused of a criminal offense has the right to bepresumed innocent so long as his guilt has not been proven accordingto law. During the proceedings, every person is entitled, with fullequality, to the following minimum guarantees:a) the right of the accused to be assisted without charge by a translatoror interpreter, if he does not understand or does not speak the languageof the tribunal or court;b) prior notification in detail to the accused of the charges against him;c) adequate time and means for the preparation of his defence;d) the right of the accused to defend himself personally or to be assistedby legal counsel of his own choosing, and to communicate freely andprivately with his counsel;e) the inalienable right to be assisted by counsel provided by the state,paid or not as the domestic law provides, if the accused does not defendhimself personally or engage his own counsel within the time periodestablished by law;f) the right of the defense to examine witnesses present in the courtand to obtain the appearance, as witnesses, of experts or other personswho may throw light on the facts;g) the right to appeal the judgment to a higher court.

3. A confession of guilt by the accused shall be valid only if it ismade without coercion of any kind.

4. An accused person acquitted by a non-appealable judgment shallnot be subjected to a new trial for the same cause.

5. Criminal proceedings shall be public, except in so far as may benecessary to protect the interests of justice.

Article 9 Freedom from Ex Post Facto LawsNo one shall be convicted of any act or omission that did not

constitute a criminal offense, under the applicable law, at the time itwas committed. A heavier penalty shall not be imposed than the onethat was applicable at the time the criminal offense was committed. Ifsubsequent to the commission of the offense the law provides for theimposition of a lighter punishment, the guilty person shall benefittherefrom.

Article 10 Right to CompensationEvery person has the right to be compensated in accordance with

the law in the event he has been sentenced by a final judgment througha miscarriage of justice.

Article 11 Right to Privacy1. Everyone has the right to have his honour respected and his dignity

recognized.2. No one may be the object of arbitrary or abusive interference

with his private life, his family, his home, or his correspondence, or ofunlawful attacks on his honour or reputation.

3. Everyone has the right to the protection of the law against suchinterference or attacks.

Article 12 Freedom of Conscience and Religion1. Everyone has the right to freedom of conscience and of religion.

This includes freedom to maintain or to change one’s religion or beliefs,and freedom to profess or disseminate one’s religion or beliefs, eitherindividually or together with others, in public or in private.

2. No one shall be subject to restrictions that might impair his freedomto maintain or to change his religion or beliefs.

3. Freedom to manifest one’s religion and beliefs may be subjectonly to the limitations prescribed by law that are necessary to protectpublic safety, order, health, or morals, or the rights or freedoms of others.

4. Parents or guardians, as the case may be, have the right to providefor the religious and moral education of their children or wards that isin accord with their own convictions.

Article 13 Freedom of Thought and Expression1. Everyone shall have the right to freedom of thought and expression.

This right includes freedom to seek, receive, and impart informationand ideas of all kinds, regardless of frontiers, either orally, in writing,in print, in the form of art, or through any other medium of one’s choice.

2. The exercise of the right provided for in the foregoing paragraphshall not be subject to prior censorship but shall be subject to subsequentimposition of liability, which shall be expressly established by law tothe extent necessary in order to ensure:a) respect for the rights or reputations of others; orb) the protection of national security, public order, or public health ormorals.

3. The right of expression may not be restricted by indirect methodsor means, such as the abuse of government or private controls overnewsprint, radio broadcasting frequencies, or equipment used in thedissemination of information, or by any other means tending to impedethe communication and circulation of ideas and opinions.

4. Notwithstanding the provisions of paragraph 2 above, publicentertainments may be subject by law to prior censorship for the solepurpose of regulating access to them for the moral protection ofchildhood and adolescence.

5. Any propaganda for war and any advocacy of national, racial, orreligious hatred that constitute incitements to lawless violence or toany other similar illegal action against any person or group of personson any grounds including those of race, colour, religion, language, ornational origin shall be considered as offenses punishable by law.

Article 14 Right of Reply1. Anyone injured by inaccurate or offensive statements or ideas

disseminated to the public in general by a legally regulated medium ofcommunication has the right to reply or to make a correction using thesame communication outlet, under such conditions as the law mayestablish.

2. The correction or reply shall not in any case remit other legalliabilities that may have been incurred.

3. For the effective protection of honour and reputation, everypublication, and every newspaper, motion picture, radio, and televisioncompany, shall have a person responsible who is not protected byimmunities or special privileges.

Article 15 Right of AssemblyThe right of peaceful assembly, without arms, is recognized. No

restrictions may be placed on the exercise of this right other than thoseimposed in conformity with the law and necessary in a democraticsociety in the interest of national security, public safety or public order,or to protect public health or morals or the rights or freedoms of others.

Article 16 Freedom of Association1. Everyone has the right to associate freely for ideological, religious,

political, economic, labour, social, cultural, sports or other purposes.2. The exercise of this right shall be subject only to such restrictions

established by the law as may be necessary in a democratic society, inthe interest of national security, public safety or public order, or toprotect public health or morals or the rights and freedoms of others.

3. The provisions of this article do not bar the imposition of legalrestrictions, including even deprivation of the exercise of the right ofassociation, on members of the armed forces and the police.


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Article 17 Rights of the Family1. The family is the natural and fundamental group unit of society

and is entitled to protection by society and the state.2. The right of men and women of marriageable age to marry and to

raise a family shall be recognized, if they meet the conditions requiredby domestic laws, in so far as such conditions do not affect the principleof non-discrimination established in this Convention.

3. No marriage shall be entered into without the free and full consentof the intending spouses.

4. The States Parties shall take appropriate steps to ensure the equalityof rights and the adequate balancing of responsibilities of the spousesas to marriage, during marriage, and in the event of its dissolution. Incase of dissolution, provision shall be made for the necessary protectionof any children solely on the basis of their own best interests.

5. The law shall recognize equal rights for children born out ofwedlock and those born in wedlock.

Article 18 Right to a NameEvery person has the right to a given name and to the surnames of

his parents or that of one of them. The law shall regulate the manner inwhich this right shall be ensured for all, by the use of assumed names ifnecessary.

Article 19 Rights of the ChildEvery minor child has the right to the measures of protection required

by his condition as a minor, on the part of his family, society, and thestate.

Article 20 Right to Nationality1. Every person has the right to a nationality.2. Every person has the right to the nationality of the state in whose

territory he was born if he does not have the right to any other nationality.3. No one shall be arbitrarily deprived of his nationality or of the

right to change it.

Article 21 Right to Property1. Everyone has the right to the use and enjoyment of his property.

The law may subordinate such use and enjoyment to the interest ofsociety.

2. No one shall be deprived of his property except upon payment ofjust compensation, for reasons of public utility or social interest, andin the cases and according to the forms established by law.

3. Usury and any other form of exploitation of man by man shall beprohibited by law.

Article 22 Freedom of Movement and Residence1. Every person lawfully in the territory of a State Party has the

right to move about in it and to reside in it subject to the provisions ofthe law.

2. Every person has the right to leave any country freely, includinghis own.

3. The exercise of the foregoing rights may be restricted only pursuantto a law to the extent necessary in a democratic society to prevent crimeor to protect national security, public safety, public order, public morals,public health, or the rights or freedoms of others.

4. The exercise of the rights recognized in paragraph 1 may also berestricted by law in designated zones for reasons of public interest.

5. No one shall be expelled from the territory of the state of whichhe is a national or be deprived of the right to enter it.

6. An alien lawfully in the territory of a State Party to this Conventionmay be expelled from it only pursuant to a decision reached inaccordance with law.

7. Every person has the right to seek and be granted asylum in aforeign territory, in accordance with the legislation of the state andinternational conventions, in the event he is being pursued for politicaloffences or related common crimes.

8. In no case may an alien be deported or returned to a country,regardless of whether or not it is his country of origin, if in that countryhis right to life or personal freedom is in danger of being violatedbecause of his race, nationality, religion, social status, or politicalopinions.

9. The collective expulsion of aliens is prohibited.

Article 23 Right to Participate in Government1. Every citizen shall enjoy the following rights and opportunities:

a) to take part in the conduct of public affairs, directly or through freelychosen representatives;b) to vote and to be elected in genuine periodic elections, which shallbe by universal and equal suffrage and by secret ballot that guaranteesthe free expression of the will of the voters; andc) to have access, under general conditions of equality, to the publicservice of his country.

2. The law may regulate the exercise of the rights and opportunitiesreferred to in the preceding paragraph only on the basis of age,nationality, residence, language, education, civil and mental capacity,or sentencing by a competent court in criminal proceedings.

Article 24 Right to Equal ProtectionAll persons are equal before the law. Consequently, they are entitled,

without discrimination, to equal protection of the law.

Article 25 Right to Judicial Protection1. Everyone has the right to simple and prompt recourse, or any

other effective recourse, to a competent court or tribunal for protectionagainst acts that violate his fundamental rights recognized by theconstitution or laws of the state concerned or by this Convention, eventhough such violation may have been committed by persons acting inthe course of their official duties.

2. The State Parties undertake:a) to ensure that any person claiming such remedy shall have his rightsdetermined by the competent authority provided for by the legal systemof the state;b) to develop the possibilities of judicial remedy; andc) to ensure that the competent authorities shall enforce such remedieswhen granted.

CHAPTER III ECONOMIC, SOCIAL AND CULTURALRIGHTS

Article 26 Progressive DevelopmentThe States Parties undertake to adopt measures, both internally and

through international cooperation, especially those of an economic andtechnical nature, with a view to achieving progressively, by legislationor other appropriate means, the full realization of the rights implicit inthe economic, social, educational, scientific, and cultural standards setforth in the Charter of the Organization of American States as amendedby the Protocol of Buenos Aires.

CHAPTER IV SUSPENSION OF GUARANTEES,INTERPRETATION, AND APPLICATION

Article 27 Suspension of Guarantees1. In time of war, public danger, or other emergency that threatens

the independence or security of a State Party, it may take measuresderogating from its obligations under the present Convention to theextent and for the period of time strictly required by the exigencies ofthe situation, provided that such measures are not inconsistent with itsother obligations under international law and do not involvediscrimination on the ground of race, colour, sex, language, religion,or social origin.

2. The foregoing provision does not authorize any suspension ofthe following articles: Article 3 (Right to Juridical Personality), Article4 (Right to Life), Article 5 (Right to Humane Treatment), Article 6(Freedom from Slavery), Article 9 (Freedom from Ex Post Facto laws),Article 12 (Freedom of Conscience and Religion), Article 17 (Rightsof the Family), Article 18 (Right to a Name), Article 19 (Rights of theChild), Article 20 (Right to Nationality), and Article 23 (Right toParticipate in Government), or of the judicial guarantees essential forthe protection of such rights.

3. Any State Party availing itself of the right of suspension shallimmediately inform the other States Parties, through the SecretaryGeneral of the Organization of American States, of the provisions theapplication of which it has suspended, the reasons that gave rise to thesuspension, and the date set for the termination of such suspension.


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Article 28 Federal Clause1.Where a State Party is constituted as a federal state, the national

government of such State Party shall implement all the provisions ofthe Convention over whose subject matter it exercises legislative andjudicial jurisdiction.

2. With respect to the provisions over whose subject matter theconstituent units of the federal state have jurisdiction, the nationalgovernment shall immediately take suitable measures, in accordancewith its constitution and its laws, to the end that the competentauthorities of the constituent units may adopt appropriate provisionsfor the fulfilment of this Convention.

3. Whenever two or more States Parties agree to form a federationor other type of association, they shall take care that the resulting federalor other compact contains the provisions necessary for continuing andrendering effective the standards of this Convention in the new Statethat is organized.

Article 29 Restrictions Regarding InterpretationNo provision of this Convention shall be interpreted as:a) permitting any State Party, group, or person to suppress the enjoymentor exercise of the rights and freedoms recognized in this Convention orto restrict them to a greater extent than is provided for herein;b) restricting the enjoyment or exercise of any right or freedomrecognized by virtue of the laws of any State Party or by virtue ofanother convention to which one of the said states is a party;c) precluding other rights or guarantees that are inherent in the humanpersonality or derived from representative democracy as a form ofgovernment; ord) excluding or limiting the effect that the American Declaration, ofthe Rights and Duties of Man and other international acts of the samenature may have.

Article 30 Scope of RestrictionsThe restrictions that, pursuant to this Convention, may be placed on

the enjoyment or exercise of the rights or freedoms recognized hereinmay not be applied except in accordance with laws enacted for reasonsof general interest and in accordance with the purpose for which suchrestrictions have been established.

Article 31 Recognition of Other RightsOther rights and freedoms recognized in accordance with the

procedures established in Articles 76 and 77 may be included in thesystem of protection of this Convention.

CHAPTER V PERSONAL RESPONSIBILITIESArticle 32 Relationship between Duties and Rights

1. Every person has responsibilities to his family, his community,and mankind.

2. The rights of each person are limited by the rights of others by thesecurity of all, and by the just demands of the general welfare, in ademocratic society.

PART II MEANS OF PROTECTIONCHAPTER VI COMPETENT ORGANSArticle 33 [Commission and Court]

The following organs shall have competence with respect to mattersrelating to the fulfilment of the commitments made by the States Partiesto this Convention:a) the Inter-American Commission on Human Rights, referred to as“The Commission”; andb) the Inter-American Court of Human Rights, referred to as “TheCourt”.

CHAPTERVII INTER-AMERICAN COMMISSION ONHUMAN RIGHTS

Section 1 OrganisationArticle 34 [composition of Commission]

The Inter-American Commission on Human Rights shall becomposed of seven members, who shall be persons of high moralcharacter and recognized competence in the field of human rights.

Article 35 [Commission represents all members]The Commission shall represent all the member countries of the

Organization of American States.

Article 36 [membership Commission]1. The members of the Commission shall be elected in a personal

capacity by the General Assembly of the Organization from a list ofcandidates proposed by the governments of the member’ states.

2. Each of those governments may propose up to three candidates,who may be nationals of the states proposing them or of any othermember State of the Organization of American States. When a slate ofthree is proposed, at least one of the candidates shall be a national of aState other than the one proposing the slate.

Article 37 [membership Commission]1. The members of the Commission shall be elected for a term of

four years and may be re-elected only once, but the terms of three ofthe members chosen in the first election shall expire at the end of twoyears. Immediately following that election the General Assembly shalldetermine the names of those three members by lot.

2. No two nationals of the same state may be members of theCommission.

Article 38 [filling of vacancies]Vacancies that may occur on the Commission for reasons other than

the normal expiration of a term shall be filled by the Permanent Councilof the Organization in accordance with the provisions of the Statute ofthe Commission.

Article 39 [Statute of the Commission]The Commission shall prepare its Statute, which it shall submit to

the General Assembly for approval. It shall establish its ownRegulations.

Article 40 [secretariat services]Secretariat services for the Commission shall be furnished by the

appropriate specialized unit of the General Secretariat of theOrganization. This unit shall be provided with the resources requiredto accomplish the tasks assigned to it by the Commission.

Section 2 FunctionsArticle 41 [main function: human rights promotion]

The main function of the Commission shall be to promote respectfor and defence of human rights. In the exercise of its mandate, it shallhave the following functions and powers: a) to develop an awarenessof human rights among the peoples of America;b) to make recommendations to the governments of the member states,when it considers such action advisable, for the adoption of progressivemeasures in favour of human rights within the framework of theirdomestic law and constitutional provisions as well as appropriatemeasures to further the observance of those rights;c) to prepare such studies or reports as it considers advisable in theperformance of its duties;d) to request the governments of the member states to supply it withinformation on the measures adopted by them in matters of humanrights;e) to respond, through the General Secretariat of the Organization ofAmerican States, to inquiries made by the member states on mattersrelated to human rights and, within the limits of its possibilities, toprovide those states with the advisory services they request;f) to take action on petitions and other communications pursuant to itsauthority under the provisions of Articles 44 through 51 of thisConvention; andg) to submit an annual report to the General Assembly of theOrganization of American States.

Article 42 [transmission of reports]The States Parties shall transmit to the Commission a copy of each

of the reports and studies that they submit annually to the ExecutiveCommittees of the Inter-American Economic and Social Council andthe Inter-American Council for Education, Science and Culture, in theirrespective fields, so that the Commission may watch over the promotionof the rights implicit in the economic, social, educational, scientificand cultural standards set forth in the Charter of the Organization ofAmerican States as amended by the Protocol of Buenos Aires.


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Article 43 [request for information]The States Parties undertake to provide the Commission with such

information as it may request of them as to the manner in which theirdomestic law ensures the effective application of any provisions of thisConvention.

Section 3 CompetenceArticle 44 [right to lodge petitions with the Commission]

Any person or group of persons, or any non-governmental entitylegally recognized in one of more member states of the Organization,may lodge petitions with the Commission containing denunciations orcomplaints of violation of this Convention by a State Party.

Article 45 [competence to receive communications]1. Any State Party may, when it deposits its instrument of ratification

or of adherence to this Convention, or at any later time, declare that itrecognizes the competence of the Commission to receive and examinecommunications in which a State Party alleges that another State Partyhas committed a violation of a human right set forth in this Convention.

2. Communications presented by virtue of this article may be admittedand examined only if they are presented by a State Party that has madea declaration recognizing the aforementioned competence of theCommission. The Commission shall not admit any communicationagainst a State Party that has not made such a declaration.

3. A declaration concerning recognition of competence may be madeto be valid for an indefinite time, for a specified period, or for a specificcase.

4. Declarations shall be deposited with the General Secretariat ofthe Organization of American States, which shall transmit copies thereofto the member states of that Organization.

Article 46 [admissibility of communications]1. Admission by the Commission of a petition or communication

lodged in accordance with Articles 44 or 45 shall be subject to thefollowing requirements:a) that the remedies under domestic law have been pursued andexhausted in accordance with generally recognized principles ofinternational law;b) that the petition or communication is lodged within a period of sixmonths from the date on which the party alleging violation of his rightswas notified of the final judgement;c) that the subject of the petition or communication is not pending inanother international proceeding for settlement; andd) that, in the case of Article 44, the petition contains the name,nationality, profession, domicile, and signature of the person or personsor of the legal representative of the entity lodging the petition.

2. The provisions of paragraphs 1.a and 1.b of this article shall notbe applicable when:a) the domestic legislation of the state concerned does not afford dueprocess of law for the protection of the right or rights that have allegedlybeen violated;b) the party alleging violation of his rights has been denied access tothe remedies under domestic law or has been prevented from exhaustingthem; orc) there has been unwarranted delay in rendering a final judgementunder the aforementioned remedies.

Article 47 [inadmissible communications]The Commission shall consider inadmissible any petition or

communication submitted under Articles 44 or 45 if:a) any of the requirements indicated in Article 46 has not been met;b) the petition or communication does not state facts that tend toestablish a violation of the rights guaranteed by this Convention;c) the statements of the petitioner or of the state indicate that the petitionor communication is manifestly groundless or obviously out of order; ord) the petition or communication is substantially the same as onepreviously studied by the Commission or by another internationalorganization.

Section 4 ProcedureArticle 48 [procedure for dealing with communications]

1. When the Commission receives a petition or communicationalleging violation of any of the rights protected by this Convention, itshall proceed as follows:

a) If it considers the petition or communication admissible, it shallrequest information from the government of the state indicated as beingresponsible for the alleged violations and shall furnish that governmenta transcript of the pertinent portions of the petition or communication.This information shall be submitted within a reasonable period to bedetermined by the Commission in accordance with the circumstancesof each case.b) After the information has been received, or after the periodestablished has elapsed and the information has not been received, theCommission shall ascertain whether the grounds for the petition orcommunication still exist. If they do not, the Commission shall orderthe record to be closed.c) The Commission may also declare the petition or communicationinadmissible or out of order on the basis of information or evidencesubsequently received.d) If the record has not been closed, the Commission shall, with theknowledge of the parties, examine the matter set forth in the petition orcommunication in order to verify the facts. If necessary and advisable,the Commission shall carry out an investigation, for the effectiveconduct of which it shall request, and the states concerned shall furnishto it, all necessary facilities.e) The Commission may request the states concerned to furnish anypertinent information and, if so requested, shall hear oral statements orreceive written statements from the parties concerned.f) The Commission shall place itself at the disposal of the partiesconcerned with a view to reaching a friendly settlement of the matteron the basis of respect for the human rights recognized in thisConvention.

2. However, in serious and urgent cases, only the presentation of apetition or communication that fulfils all the formal requirements ofadmissibility shall be necessary in order for the Commission to conductan investigation with the prior consent of the State in whose territory aviolation has allegedly been committed.

Article 49 [friendly settlement]If a friendly settlement has been reached in accordance with

paragraph 1.f of Article 48, the Commission shall draw up a report,which shall be transmitted to the petitioner and to the States Parties tothis Convention, and shall then be communicated to the SecretaryGeneral of the Organization of American States for publication. Thisreport shall contain a brief statement of the facts and of the solutionreached. If any party in the case so requests, the fullest possibleinformation shall be provided to it.

Article 50 [report on a communication]1. If a settlement is not reached, the Commission shall, within the

time limit established by its Statute, draw up a report setting forth thefacts and stating its conclusions. If the report, in whole or in part, doesnot represent the unanimous agreement of the members of theCommission, any member may attach to it a separate opinion. Thewritten and oral statements made by the parties in accordance withparagraph l e) of Article 48 shall also be attached to the report.

2. The report shall be transmitted to the states concerned, whichshall not be at liberty to publish it.

3. In transmitting the report, the Committee may make such proposalsand recommendations as it sees fit.

Article 51 [follow-up]1. If, within a period of three months from the date of the transmittal

of the report of the Commission to the states concerned, the matter hasnot either been settled or submitted by the Commission or by the stateconcerned to the Court and its jurisdiction accepted, the Commissionmay, by the vote of an absolute majority of its members, set forth itsopinion and conclusions concerning the question submitted for itsconsideration.

2. Where appropriate, the Commission shall make pertinentrecommendations and shall prescribe a period within which the state isto take the measures that are incumbent upon it to remedy the situationexamined.

3. When the prescribed period has expired, the Commission shalldecide by the vote of an absolute majority of its members whether thestate has taken adequate measures and whether to publish its report.


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CHAPTER VIII INTER-AMERICAN COURT OF HUMANRIGHTS

Section 1 OrganizationArticle 52 [composition of the Court]

1. The Court shall consist of seven judges, nationals of the memberstates of the Organization, elected in an individual capacity from amongjurists of the highest moral authority and of recognized competence inthe field of human rights, who possess the qualifications required forthe exercise of the highest judicial functions in conformity with thelaw of the state of which they are nationals or of the state that proposesthem as candidates.

2. No two judges may be nationals of the same state.

Article 53 [election of judges]1. The judges of the Court shall be elected by secret ballot by an

absolute majority vote of the States Parties to the Convention, in theGeneral Assembly of the Organization, from a panel of candidatesproposed by those states.

2. Each of the States Parties may propose up to three candidates,nationals of the state that proposes them or of any other member stateof the Organization of American States. When a slate of three isproposed, at least one of the candidates shall be a national of a stateother than the one proposing the slate.

Article 54 [term of office]1. The judges of the Court shall be elected for a term of six years

and may be re-elected only once. The term of three of the judges chosenin the first election shall expire at the end of three years. Immediatelyafter the election, the names of the three judges shall be determined bylot in the General Assembly.

2. A judge elected to replace a judge whose term has not expiredshall complete the term of the latter.

3. The judges shall continue in office until the expiration of theirterm. However, they shall continue to serve with regard to cases thatthey have begun to hear and that are still pending, for which purposesthey shall not be replaced by the newly-elected judges.

Article 55 [competence to hear a case]1. If a judge is a national of any of the States Parties to a case

submitted to the Court, he shall retain his right to hear that case.2. If one of the judges called upon to hear a case should be a national

of one the States Parties to the case, any other State Party in the casemay appoint a person of its choice to serve on the Court as an ad hocjudge.

3. If among the judges called upon to hear a case none is a nationalof any of the States Parties to the case, each of the latter may appointan ad hoc judge.

4. An ad hoc judge shall possess the qualifications indicated in Article52.

5. If several States Parties to the Convention should have the sameinterest in a case, they shall be considered as a single party for purposesof the above provisions. In case of doubt, the Court shall decide.

Article 56 [quorum for transactions]Five judges shall constitute a quorum for the transaction of business

by the Court.

Article 57 [always involvement of the Commission]The Commission shall appear in all cases before the Court.

Article 58 [seat of the Court; Secretary]1. The Court shall have its seat at the place determined by the States

Parties to the Convention in the General Assembly of the Organization;however, it may convene in the territory of any member state of theOrganization of American States when a majority of the Court considerit desirable, and with the prior consent of the state concerned. The seatof the Court may be changed by the States Parties to the Convention inthe General Assembly by a two-thirds vote.

2. The Court shall appoint its own Secretary.3. The Secretary shall have his office at the place where the Court

has its seat and shall attend the meetings that the Court may hold awayfrom its seat.

Article 59 [Secretariat]The Court shall establish its Secretariat which shall function under

the direction of the Secretary of the Court, in accordance with theadministrative standards of the General Secretariat of the organizationin all respect not incompatible with the independence of the Court. Thestaff of the Court’s Secretariat shall be appointed by the SecretaryGeneral of the Organization, in consultation with the Secretary of theCourt.

Article 60 [Statute of the Court]The Court shall draw up its Statute which it shall submit to the

General Assembly for approval. It shall adopt its own Rules ofProcedure.

Section 2 Jurisdiction and FunctionsArticle 61 [State Parties and Commission submit cases]

1. Only the States Parties and the Commission shall have the rightto submit a case to the Court.

2. In order for the Court to hear a case, it is necessary that theprocedures set forth in Articles 48 to 50 shall have been completed.

Article 62 [recognition of jurisdiction]1. A State Party may, upon depositing its instrument of ratification

or adherence to this Convention, or at any subsequent time, declarethat it recognizes as binding, ipso facto, and not requiring specialagreement, the jurisdiction of the Court on all matters relating to theinterpretation or application of this Convention.

2 Such declaration may be made unconditionally, or on the conditionof reciprocity, for a specified period, or for specific cases. It shall bepresented to the Secretary General of the Organization, who shalltransmit copies thereof to the other member states of the Organizationand to the Secretary of the Court.

3. The jurisdiction of the Court shall comprise all cases concerningthe interpretation and application of the provisions of this Conventionthat are submitted to it, provided that the States Parties to the caserecognize or have recognized such jurisdiction, whether by specialdeclaration pursuant to the preceding paragraphs, or by a specialagreement.

Article 63 [sentences of the Court]1. If the Court finds that there has been a violation of a right or

freedom protected by this Convention, the Court shall rule that theinjured party be ensured the enjoyment of his right or freedom that wasviolated. It shall also rule, if appropriate, that the consequences of themeasure or situation that constituted the breach of such right or freedombe remedied and that fair compensation be paid to the injured party.

2. In cases of extreme gravity and urgency, and when necessary toavoid irreparable damage to persons, the Court shall adopt suchprovisional measures as it deems pertinent in matters it has underconsideration. With respect to a case not yet submitted to the Court, itmay act at the request of the Commission.

Article 64 [advisory opinions]1. The member states of the Organization may consult the Court

regarding the interpretation of this Convention or of other treatiesconcerning the protection of human rights in the American states-Withintheir spheres of competence, the organs listed in Chapter X of the Charterof the Organization of American States, as amended by the Protocol ofBuenos Aires, may in like manner consult the Court.

2. The Court, at the request of a member state of the Organization,may provide that state with opinions regarding the compatibility ofany of its domestic laws with the aforesaid international instruments.

Article 65 [Reporting by the Court to the OAS]To each regular session of the General Assembly of the Organization

of American States the Court shall submit, for the Assembly’sconsideration, a report on its work during the previous year. It shallspecify, in particular, the cases in which a state has not complied withits judgments, making any pertinent recommendations.


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Section 3 ProcedureArticle 66 [motivation of judgment, dissenting opinions]

1. Reasons shall be given for the judgment of the Court.2. If the judgment does not represent in whole or in part the

unanimous opinion of the judges, any judge shall be entitled to havehis dissenting or separate opinion attached to the judgment.

Article 67 [judgment shall be final]The judgment of the Court shall be final and not subject to appeal.

In case of disagreement as to the meaning or scope of the judgment,the Court shall interpret it at the request of any of the parties, providedthe request is made within ninety days from the date of notification ofthe judgment.

Article 68 [States Parties to comply with judgment]1. The States Parties to the Convention undertake to comply with

the judgment of the Court in any case to which they are parties.2. That part of a judgment that stipulates compensatory damages

may be executed in the country concerned in accordance with domesticprocedure governing the execution of judgments against the state.

Article 69 [transmission of judgments to parties]The parties to the case shall be notified of the judgment of the Court

and it shall be transmitted to the States Parties to the Convention.

CHAPTER IX COMMON PROVISIONSArticle 70 [immunities of judges]

1. The judges of the Court and the members of the Commissionshall enjoy, from the moment of their election and throughout theirterm of office, the immunities extended to diplomatic agents inaccordance with international law. During the exercise of their officialfunction they shall, in addition, enjoy the diplomatic privilegesnecessary for the performance of their duties.

2. At no time shall the judges of the Court or the members of theCommission be held liable for any decisions or opinions issued in theexercise of their functions.

Article 71 [independence and impartiality of judges]The position of judge of the Court or member of the Commission is

incompatible with any other activity that might affect the independenceor impartiality of such judge or member, as determined in the respectivestatutes.

Article 72 [emoluments and allowances]The judges of the Court and the members of the Commission shall

receive emoluments and travel allowances in the form and under theconditions set forth in their statutes, with due regard for the importanceand independence of their office. Such emoluments and travelallowances shall be determined in the budget of the Organization ofAmerican States, which shall also include the expenses of the Courtand its Secretariat. To this end, the Court shall draw up its own budgetand submit it for approval to the General Assembly through the GeneralSecretariat. The latter may not introduce any changes in it.

Article 73 [possible sanctions]The General Assembly may, only at the request of the Commission

or the Court, as the case may be, determine sanctions to be appliedagainst members of the Commission or judges of the Court when thereare justifiable grounds for such action as set forth in the respectivestatutes. A vote of a two-thirds majority of the member states of theOrganization shall be required for a decision in the case of members ofthe Commission and, in the case of judges of the Court, a two-thirdsmajority vote of the States Parties to the Convention shall also berequired.

PART III GENERAL AND TRANSITORY PROVISIONSCHAPTER X SIGNATURE, RATIFICATION, RESERVA-

TIONS, AMENDMENTS, PROTOCOLS, ANDDENUNCIATION

Article 74 Signature and ratification[ . . . ]

Article 75 ReservationsThis Convention shall be subject to reservations only in conformity

with the provisions of the Vienna Convention on the Law of Treatiessigned on May 23, 1969.

Article 76 Amendments1. Proposals to amend this Convention may be submitted to the

General Assembly for the action it deems appropriate by any State Partydirectly, and by the Commission or the Court through the SecretaryGeneral.

2. Amendments shall enter into force for the States ratifying themon the date when two-thirds of the States Parties to this Conventionhave deposited their respective instruments of ratification. With respectto the other States Parties, the amendments shall enter into force on thedates on which they deposit their respective instruments of ratification.

Article 77 Proposals for protocols1. In accordance with Article 31, any State Party and the Commission

may submit proposed protocols to this Convention for considerationby the States Parties at the General Assembly with a view to graduallyincluding other rights and freedoms within its system of protection.

2. Each protocol shall determine the manner of its entry into forceand shall be applied only among the States Parties to it.

Article 78 Denunciation[ . . . ]

CHAPTER XI TRANSITORY PROVISIONSSection I Inter-American Commission on Human RightsArticle 79 [candidates for membership]

Upon the entry into force of this Convention, the Secretary Generalshall, in writing, request each member state of the Organization topresent, within ninety days, its candidates for membership on the Inter-American Commission on Human Rights. The Secretary General shallprepare a list in alphabetical order of the candidates presented, andtransmit it to the member states of the Organization at least thirty daysprior to the next session of the General Assembly.

Article 80 [election of members of the Commission]The members of the Commission shall be elected by secret ballot of

the General Assembly from the list of candidates referred to in Article79. The candidates who obtain the largest number of votes and anabsolute majority of the votes of the representatives of the memberstates shall be declared elected. Should it become necessary to haveseveral ballots in order to elect all the members of the Commission, thecandidates who receive the smallest number of votes shall be eliminatedsuccessively, in the manner determined by the General Assembly.

Section 2 Inter-American Court of Human RightsArticle 81 [request for submission of candidates for membership]

[ . . .]

Article 82 [election of members of the Court]The judges of the Court shall be elected from the list of candidates

referred to in Article 81, by secret ballot of the States Parties to theConvention in the General Assembly. The candidates who obtain thelargest number of votes and an absolute majority of the votes of therepresentatives of the States Parties shall be declared elected. Should itbecome necessary to have several ballots in order to elect all the judgesof the Court, the candidates who receive the smallest number of votesshall be eliminated successively, in the manner determined by the StatesParties.


152 2 B.2.1 ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE AREA OFECONOMIC, SOCIAL AND CULTURAL RIGHTS ‘PROTOCOL OF SAN SALVADOR’

2 B.2.1 ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THEAREA OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS‘PROTOCOL OF SAN SALVADOR’

-adopted at the 18th regular session of the General Assembly of the Organisation of American States held in San Salvador on 17 November 1988-entered into force on 16 November 1999-ratifications, etc.: 13 as per 15 July 2004

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

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

Recognizing that the essential rights of man are not derived fromone’s being a national of a certain State, but are based upon attributesof the human person, for which reason they merit internationalprotection in the form of a convention reinforcing or complementingthe protection provided by the domestic law of the American States;

Considering the close relationship that exists between economic,social end cultural rights and civil and political rights, in that the twocategories of rights constitute an invisible whole based on therecognition of the dignity of the human person for which reason bothrequire permanent protection and promotion if they are to be fullyrealized, although the violation of one group of rights in favour of therealization of the other group can never be justified;

Recognizing the benefits that stem from the promotion anddevelopment of cooperation among states and international relations;

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

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

Considering that the American Convention on Human Rightsprovides that draft additional protocols to that Convention may besubmitted for consideration to the States Parties, meeting together onthe occasion of the General Assembly of the Organization of AmericanStates, for the purpose of gradually incorporating other rights andfreedoms into the protective system for the protection thereof,

Have agreed upon the following Additional Protocol to the AmericanConvention on Human Rights the “Protocol of San Salvador”:

Article 1 Obligation to Adopt MeasuresThe States Parties to this Protocol Additional to the American

Convention on Human Rights undertake to adopt all the necessarymeasures, both domestically and through cooperation among the States,especially economical and technical, to the extent allowed by theiravailable resources and taking into account their degree of development,for the purpose of achieving progressively and pursuant to their internallegislations the full observance of the rights recognized in this Protocol.

Article 2 Obligation to Enact Domestic LegislationIf the exercise of the rights set forth in this Protocol is not already

guaranteed by legislative or other provisions, the States Partiesundertake to adopt, in accordance with their constitutional processesand the provisions of this Protocol, such legislative or other measuresas may be necessary for making those rights a reality.

Article 3 Obligation of Non-DiscriminationThe States Parties to this Protocol undertake to guarantee the exercise

of the rights set forth herein without discrimination of any kind forreasons related to race, colour, sex, language, religion, political or otheropinions, national or social origin, economic status, birth or any othersocial condition.

Article 4 Inadmissibility of RestrictionsA right which is recognized or in effect in a State by virtue of its

internal legislation or international conventions, may not be restrictedor curtailed on the pretext that the present Protocol does not recognizethe right or recognizes it to a lesser degree.

Article 5 Scope of Restrictions and LimitationsThe State Parties may establish restrictions and limitations on the

enjoyment and exercise of the rights established herein by means oflaws promulgated for the purpose of preserving the general welfare ina democratic society only to the extent that they are not incompatiblewith the purpose and reasons underlying those rights.

Article 6 Right to Work1. Everyone has the right to work, which includes the opportunity

to secure the means for living a dignified and decent existence byperforming a freely elected or accepted lawful activity.

2.The States Parties undertake to adopt measures that will make theright to work fully effective, especially with regard to the achievementof full employment, vocational guidance and the development oftechnical and vocational training projects, in particular those directedto the disabled. The States Parties also undertake to implement andstrengthen programs that help to ensure suitable family care, so thatwomen may enjoy a real opportunity to exercise the right to work.

Article 7 Just, Equitable and Satisfactory Conditions of WorkThe States Parties to this Protocol recognize that the right to work to

which the foregoing article refers presupposes that everyone shall enjoythat right under just, equitable and satisfactory conditions, which theState Parties undertake to guarantee in their internal legislation,particularly with respect to:a) Remuneration which guarantees, as a minimum, to all workersdignified and decent living conditions for them and their families andfair and equal wages for equal work, without distinction;b) The right of every worker to follow his vocation and to devotehimself to the activity that best fulfils his expectations and to changeemployment in accordance with the pertinent national regulations;c) The right of every worker to promotion and upward mobility in hisemployment, for which purpose account shall be taken of hisqualifications, competence, integrity and seniority;d) Stability of employment, subject to the nature of each industry andoccupation and the causes for just separation. In cases of unjustifieddismissal, the worker shall have the right to indemnity or toreinstatement on the job or any other benefits provided by domesticlegislation;e) Safety and hygiene at work;f) The prohibition of night work or unhealthy or dangerous workingconditions and, in general, of all work which jeopardizes health, safetyor morals, for persons under 18 years of age. As regards minors underthe age of 16, the work day shall be subordinated to the provisionsregarding compulsory education and in no case shall work constitutean impediment to school attendance or a limitation on benefiting fromeducation received;

1532 B.2.1 ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE AREA OFECONOMIC, SOCIAL AND CULTURAL RIGHTS ‘PROTOCOL OF SAN SALVADOR’

g) A reasonable limitation of working hours, both daily and weekly.The days shall be shorter in the case of dangerous or unhealthy work orof night work;h) Rest, leisure, and paid vacations as well as remuneration for nationalholidays.

Article 8 Trade Union Rights1. The State Parties shall ensure:

a) the right of workers to organise trade unions and to join the union oftheir choice for the purpose of protecting and promoting their interests.As an extension of that right, the State Parties shall permit trade unionsto establish national federations or confederations, or to affiliate withthose that already exist, as well as to form international trade unionorganizations and to affiliate with that of their choice. The State Partiesshall also permit trade unions, federations and confederations to functionfreely;b) the right to strike

2. The exercise of the rights set forth above may be subject only torestrictions established by law, provided that such restrictions arecharacteristic of a democratic society and necessary for safeguardingpublic order or for protecting public health or morals or the rights andfreedoms of others. Members of the armed forces and the police andof other essential public services shall be subject to limitations andrestrictions established by law.

3. .No one may be compelled to belong to a trade union.

Article 9 Right to Social Security1. Everyone shall have the right to social security that protects him

against the consequences of old age and of disability which preventshim, physically or mentally, from securing the means for a dignifiedand decent existence. In the event of death of a beneficiary, socialsecurity benefits shall be applied to his dependents.

2. In the case of persons who are employed, the right to social securityshall cover at least medical care and an allowance or retirement benefitsin the case of occupational accidents or occupational disease and, inthe case of women, paid maternity leave before and after childbirth.

Article 10 Right to Health1. Everyone shall have the right to health, understood to mean the

enjoyment of the highest degree of physical, mental and social well-being.

2. In order to ensure the exercise of the right to health, the StatesParties agree to recognize health as a public good and, particularly, toadopt the following measures to ensure that right:a) Primary health care, that is, essential health care made available toall individuals and families in the community;b) Extension of the benefits of health services to all individuals subjectto the State’s jurisdiction;c) Universal immunization against the principal infectious diseases;d) Prevention and treatment of endemic, occupational and otherdiseases;e) Education of the population on the prevention and treatment of healthproblems; andf) Satisfaction of health needs of the highest risk groups, and of thosewhose poverty makes them the most vulnerable.

Article 11 Right to a Healthy Environment1. Everyone shall have the right to live in a healthy environment

and to have access to basic public services.2. The States Parties shall promote the protection, preservation and

improvement of the environment.

Article 12 Right to Food1. Everyone has the right to adequate nutrition which guarantees the

possibility of enjoying the highest level of physical, emotional andintellectual development.

2. In order to promote the exercise of this right and eradicatemalnutrition, the States Parties undertake to improve methods ofproduction, supply and distribution of food, and to this end, agree topromote greater international co-operation in support of the relevantnational policies.

Article 13 Right to Education1. Everyone has the right to education.2. The States Parties this Protocol agree that education should be

directed towards the full development of the human personality andhuman dignity, and should strengthen respect for human rights,ideological pluralism, fundamental freedoms, justice and peace. Theyfurther agree that education ought to enable everyone to participateeffectively in a democratic and pluralistic society and achieve a decentexistence and should foster understanding, tolerance and friendshipamong all nations and all racial, ethnic, or religious groups and promoteactivities for the maintenance of peace.

3. The States Parties to the present Protocol recognize that, in orderto achieve the full exercise of the right to education:a) Primary education should be compulsory, and accessible to allwithout cost;b) Secondary education in its different forms, including technical andvocational secondary education, should be made generally availableand accessible to all by every appropriate means, and in particular, bythe progressive introduction of free education;c) Higher education should be made equally accessible to all on thebasis of individual capacity, by every appropriate means, and inparticular, by the progressive introduction of free education;d) Basic education shall be encouraged or intensified as far as possiblefor those persons who have not received or completed the whole cycleof primary instruction;e) Programs of special education should be established for thehandicapped, so as to provide special instruction and training to personswith physical disabilities or mental deficiencies.

4.In Conformity with the domestic legislation of the States Parties,parents should have the right to select the type of education to be givento their children, provided that it conforms to the principles set forthabove.

5.Nothing in this Protocol shall be interpreted as a restriction of thefreedom of individuals and entities to establish and direct educationalinstitutions in accordance with the domestic legislation of the StatesParties.

Article 14 Rights to the Benefits of Culture1. The States Parties to this Protocol recognize the right of everyone:

a) To take part in the cultural and artistic life of the community;b) To enjoy the benefits of scientific and technological progress.c) To benefit from the protection of moral and material interests derivingfrom any scientific, literary or artistic production of which he is theauthor.

2. The steps to be taken by the States Parties to this Protocol toensure the full exercise of this right shall include those necessary forthe conservation, the development and the dissemination of science,culture and art.

3. The States Parties to the present Protocol undertake to respect thefreedom indispensable for scientific research and creative activity.

4. The States Parties to this Protocol recognize the benefits to bederived from the encouragement and development of internationalcooperation and relations in the fields of science, arts and culture, andaccordingly agree to foster greater international cooperation in thesefields.

Article 15 Right to the Formation and the Protection of Families1. The family is the natural and fundamental element of society and

ought to be protected by the State, which should see the improvementof its spiritual and material conditions.

2. Everyone has the right to form a family, which shall be exercisedin accordance with the provisions of the pertinent domestic legislation.

3. The States Parties hereby undertake to accord adequate protectionto the family unit and in particular:a) To provide special care and assistance to mothers during a reasonableperiod before and after childbirth;b) To guarantee adequate nutrition for children at the nursing stage andduring school attendance years;c) To adopt special measures for the protection of adolescents in orderto ensure the full development of their physical, intellectual and moralcapacities;

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d) To undertake special programs of family training so as to help createa stable and positive environment in which children will receive anddevelop the values of understanding, solidarity, respect andresponsibility.

Article 16 Rights of ChildrenEvery child, whatever his parentage, has the right to the protection

that his status as a minor requires from his family, society and the State.Every child has the right to grow under the protection and responsibilityof his parents; save in exceptional, judicially recognized circumstances,a child of young age ought not to be separated from his mother. Everychild has the right to free and compulsory education, at least in theelementary phase, and to continue his training at higher levels of theeducational system.

Article 17 Protection of the ElderlyEveryone has the right to special protection in old age. With this in

view the States Parties agree to take progressively the necessary stepsto make this right a reality, and, particularly, to:a) provide suitable facilities, as well as food and specialized medicalcare, for elderly individuals who lack them and are unable to providethem for themselves;b) To undertake work programs specifically designed to give the elderlythe opportunity to engage in a productive activity suited to their abilitiesand consistent with their vocations or desires;c) To foster the establishment of social organizations aimed atimproving the quality of life for the elderly.

Article 18 Protection of the handicappedEveryone affected by a diminution of his physical or mental

capacities is entitled to receive special attention designed to help himachieve the greatest possible development of his personality. The StatesParties agree to adopt such measures as may be necessary for thispurpose, and, especially, to:a) Undertake programs specifically aimed at providing the handicappedwith the resources and environment needed for attaining this goal,including work programs consistent with their possibilities and freelyaccepted by them or their legal representatives, as the case may be;b) Provide special training to the families of the handicapped in orderto help them solve the problems of coexistence and convert them intoactive agents in the physical, mental and emotional development of thelatter;c) Include the consideration of solutions to specific requirements arisingfrom the needs of this group as a priority component of their urbandevelopment plans;d) Encourage the establishment of social groups in which thehandicapped can be helped to enjoy a fuller life.

Article 19 Means of Protection1. Pursuant to the provisions of this article and the corresponding

rules to be formulated for this purpose by the General Assembly of theOrganization of American States, the States Parties to this Protocolundertake to submit periodic reports on the progressive measures theyhave taken to ensure due respect for the rights set forth in this Protocol.

2. All reports shall be submitted to the Secretary General of the OAS,who shall transmit them to the Inter-American Economic and SocialCouncil and the Inter-American Council for Education, Science andCulture so that may examine them in accordance with the provisionsof this article.The Secretary General shall send a copy of such reports to the Inter-American Commission of Human Rights.

3. The Secretary General of the Organization of American Statesshall also transmit to the specialized organizations of the inter-Americansystem, of which the States Parties to the Present Protocol are members,copies or pertinent portions of the reports submitted, in so far as theyrelate to matters within the purview of those organization, as establishedby their constituent instruments.

4. The specialized organisations of the inter-American system maysubmit reports to the Inter-American Economic and Social Council andthe Inter-American Council for Education, Science and culture relativeto compliance with the provisions of the present Protocol in their fieldsof activity.

5. The annual reports submitted to the General Assembly by the Inter-American Economic and Social Council and the Inter-American Councilfor Education, Science and Culture shall contain a summary of theinformation received from the States Parties to the present Protocoland the specialized organizations concerning the progressive measuresadopted in order to ensure respect for the rights acknowledged in theProtocol itself and the general recommendations they consider to beappropriate in this respect.

6. Any instance in which the rights established in paragraph a ofArticle 8 and in Article 13 are violated by action directly attributable toa State Party to this Protocol may give rise, through participation of theInter-American Court of Human Rights, to application of the system ofindividual petitions governed by Articles 44 through 51 and 61 through69 of the American Convention on Human Rights.

7. Without prejudice to the provisions of the preceding paragraph,the Inter-American Commission on Human Rights may formulate suchobservations and recommendations as it deems pertinens concerningthe status of the economic, social and cultural rights established in thepresent Protocol in all or some of the States Parties which it may includein its annual report to the General Assembly or in a special report,whichever it considers more appropriate.

8. The Councils and the Inter-American Commission on HumanRights in discharging the function conferred upon them in this article,shall take into account the progressive nature of the observance of therights subject to protection by this Protocol.

Article 20 ReservationsThe States Parties may, at the time of approval, signature, ratification

or accession, make reservations to one or more specific provisions ofthis Protocol, provided that such reservations are not incompatible withthe object and purpose of the Protocol.

Article 21 Signature, Ratification or Accession. Entry into Effect1. This Protocol shall remain open to signature and ratification or

accession by any State Party to the American Convention on HumanRights.

2. Ratification of or accession to this Protocol shall be effected bydepositing an instrument of ratification or accession with the GeneralSecretariat of the Organization of American States.

3. The Protocol shall enter into effect when eleven States havedeposited their respective instruments of ratification or accession.

4. The Secretary General shall notify all the member states of theOrganization of American States of the entry of the Protocol into effect.

Article 22 Inclusion of other Rights and Expansion of thoseRecognized

1. Any State Party and the Inter-American Commission on HumanRights may submit for the consideration of the States Parties meetingon the occasion of the General Assembly proposed amendments toinclude the recognition of other rights or freedoms or to extend or expandrights or freedoms recognized in this Protocol.

2. Such amendments shall enter into effect for the States that ratifythem on the date of deposit of the instrument of ratificationcorresponding to the number representing two thirds of the States Partiesto this Protocol. For all other States Parties they shall enter into effecton the date on which they deposit their respective instrument ofratification.

2 B.2.1 ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE AREA OFECONOMIC, SOCIAL AND CULTURAL RIGHTS ‘PROTOCOL OF SAN SALVADOR’

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PreambleThe 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 deathpenalty;

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

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

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

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

That an international agreement must be arrived at that will entail aprogressive development of the American Convention on HumanRights, and

That States Parties to the American Convention on Human Rightshave expressed their intention to adopt an international agreement witha view to consolidating the practice of not applying the death penaltyin the Americas,

Have agreed to sign the following

Protocol to the American Convention on Human Rights to Abolishthe Death Penalty

Article 1[non-application of the death penalty]The States Parties to this Protocol shall not apply the death penalty

in their territory to any person subject to their jurisdiction.

2. B.2.2 PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THEDEATH PENALTY

-adopted at Asunción, Paraguay, on June 8, 1990, at the twentieth regular session of the General Assembly-ratifications, etc.: 8 as per 15 July 2004

Article 2[prohibition of reservations]1. No reservations may be made to this Protocol. However, at the

time of ratification or accession, the States Parties to this instrumentmay declare that they reserve the right to apply the death penalty inwartime in accordance with international law, for extremely seriouscrimes of a military nature.

2. The State Party making this reservation shall, upon ratification oraccession, inform the Secretary General of the Organization of AmericanStates of the pertinent provisions of its national legislation applicablein wartime, as referred to in the preceding paragraph.

3. Said State Party shall notify the Secretary General of theOrganization of American States of the beginning or end of any stateof war in effect in its territory.

Article 3[signature and ratification]1. This Protocol shall be open for signature and ratification or

accession by any State Party to the American Convention on HumanRights.

2. Ratification of this Protocol or accession thereto shall be madethrough the deposit of an instrument of ratification or accession withthe General Secretariat of the Organization of American States.

Article 4[entry into force]This Protocol shall enter into force among the States that ratify or

accede to it when they deposit their respective instruments of ratificationor accession with the General Secretariat of the Organization ofAmerican States.

2. B.2.2 PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY

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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, ordegrading punishment or treatment;

Reaffirming that all acts of torture or any other cruel, inhuman, ordegrading treatment or punishment constitute an offense against humandignity and a denial of the principles set forth in the Charter of theOrganization of American States and in the Charter of the UnitedNations and are violations of the fundamental human rights andfreedoms proclaimed in the American Declaration of the Rights andDuties of Man and the Universal Declaration of Human Rights;

Noting that, in order for the pertinent rules contained in theaforementioned global and regional instruments to take effect, it isnecessary to draft an Inter-American Convention that prevents andpunishes torture;

Reaffirming their purpose of consolidating in this hemisphere theconditions that make for recognition of and respect for the inherentdignity of man, and ensure the full exercise of his fundamental rightsand freedoms,

Have agreed upon the following:

Article 1 [prevent torture]The State Parties undertake to prevent and punish torture in

accordance with the terms of this Convention.

Article 2 [definition of torture]For the purposes of this Convention, torture shall be understood to

be any act intentionally performed whereby physical or mental pain orsuffering is inflicted on a person for purposes of criminal investigation,as a means of intimidation, as personal punishment, as a preventivemeasure, as a penalty, or for any other purpose. Torture shall also beunderstood to be the use of methods upon a person intended to obliteratethe personality of the victim or to diminish his physical or mentalcapacities, even if they do not cause physical pain or mental anguish.The concept of torture shall not include physical or mental pain orsuffering that is inherent in or solely the consequence of lawfulmeasures, provided that they do not include the performance of theacts or use of the methods referred to in this article.

Article 3 [guilt]The following shall be held guilty of the crime of torture:a. A public servant or employee who acting in that capacity orders,

instigates or induces the use of torture, or who directly commits it orwho, being able to prevent it, fails to do so.

b. A person who at the instigation of a public servant or employeementioned in subparagraph (a) orders, instigates or induces the use oftorture, directly commits it or is an accomplice thereto.

Article 4 [acting on orders does not provide exemption]The fact of having acted under orders of a superior shall not provide

exemption from the corresponding criminal liability.

Article 5 [no justifications]The existence of circumstances such as a state of war, threat of war,

state of siege or of emergency, domestic disturbance or strife, suspensionof constitutional guarantees, domestic political instability, or otherpublic emergencies or disasters shall not be invoked or admitted asjustification for the crime of torture.Neither the dangerous character of the detainee or prisoner, nor thelack of security of the prison establishment or penitentiary shall justifytorture.

Article 6 [obligations of States Parties]In accordance with the terms of Article 1, the States Parties shall

take effective measures to prevent and punish torture within theirjurisdiction.

The States Parties shall ensure that all acts of torture and attempts tocommit torture are offenses under their criminal law and shall makesuch acts punishable by severe penalties that take into account theirserious nature.

The States Parties likewise shall take effective measures to preventand punish other cruel, inhuman, or degrading treatment or punishmentwithin their jurisdiction.

Article 7 [further prevention obligations]The States Parties shall take measures so that, in the training of police

officers and other public officials responsible for the custody of personstemporarily or definitively deprived of their freedom, special emphasisshall be put on the prohibition of the use of torture in interrogation,detention, or arrest.

The States Parties likewise shall take similar measures to preventother cruel, inhuman, or degrading treatment or punishment.

Article 8 [reaction to torture cases]The States Parties shall guarantee that any person making an

accusation of having been subjected to torture within their jurisdictionshall have the right to an impartial examination of his case.

Likewise, if there is an accusation or well-grounded reason to believethat an act of torture has been committed within their jurisdiction, theStates Parties shall guarantee that their respective authorities willproceed properly and immediately to conduct an investigation into thecase and to initiate, whenever appropriate, the corresponding criminalprocess.

After all the domestic legal procedures of the respective State andthe corresponding appeals have been exhausted, the case may besubmitted to the international fora whose competence has beenrecognized by that State.

Article 9 [compensation]The States Parties undertake to incorporate into their national laws

regulations guaranteeing suitable compensation for victims of torture.None of the provisions of this article shall affect the right to receivecompensation that the victim or other persons may have by virtue ofexisting national legislation.

Article 10 [evidence obtained through torture not valid]No statement that is verified as having been obtained through torture

shall be admissible as evidence in a legal proceeding, except in a legalaction taken against a person or persons accused of having elicited itthrough acts of torture, and only as evidence that the accused obtainedsuch statement by such means.

Article 11 [extradition of torturers]The States Parties shall take the necessary steps to extradite anyone

accused of having committed the crime of torture or sentenced forcommission of that crime, in accordance with their respective nationallaws on extradition and their international commitments on this matter.

Article 12 [jurisdiction]Every State Party shall take the necessary measures to establish its

jurisdiction over the crime described in this Convention in the followingcases:

a. When torture has been committed within its jurisdiction;b. When the alleged criminal is a national of that State; orc. When the victim is a national of that State and it so deems

appropriate.

2 B.3 INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE

-adopted at the 15th regular session of the General Assembly of the Organisation of American States at Cartagenade Indias, Colombia, and opened for signature, ratification and accession on 9 December 1985-entered into force on 28 February 1987-ratifications, etc.: 16 as per 15 July 2004


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Every State Party shall also take the necessary measures to establishits jurisdiction over the crime described in this Convention when thealleged criminal is within the area under its jurisdiction and it is notappropriate to extradite him in accordance with Article 11.

This Convention does not exclude criminal jurisdiction exercised inaccordance with domestic law.

Article 13 [extradition rules]The crime referred to in Article 2 shall be deemed to be included

among the extraditable crimes in every extradition treaty entered intobetween States Parties. The States Parties undertake to include the crimeof torture as an extraditable offence in every extradition treaty to beconcluded between them.

Every State Party that makes extradition conditional on the existenceof a treaty may, if it receives a request for extradition from anotherState Party with which it has no extradition treaty, consider thisConvention as the legal basis for extradition in respect of the crime oftorture. Extradition shall be subject to the other conditions that may berequired by the law of the requested State.

States Parties which do not make extradition conditional on theexistence of a treaty shall recognize such crimes as extraditable offencesbetween themselves, subject to the conditions required by the law ofthe requested State.

Extradition shall not be granted nor shall the person sought bereturned when there are grounds to believe that his life is in danger,that he will be subjected to torture or to cruel, inhuman or degradingtreatment, or that he will be tried by special or ad hoc courts in therequesting State.

Article 14 [obligation in case of non-extradition]When a State Party does not grant the extradition, the case shall be

submitted to its competent authorities as if the crime had been committedwithin its jurisdiction, for the purposes of investigation, and whenappropriate, for criminal action, in accordance with its national law.Any decision adopted by these authorities shall be communicated tothe State that has requested the extradition.

Article 15 [no limitations regarding asylum / extradition]No provision of this Convention may be interpreted as limiting the

right of asylum, when appropriate, nor as altering the obligations ofthe States Parties in the matter of extradition.

Article 16 [no limitations on other American torture standards]This Convention shall not limit the provisions of the American

Convention on Human Rights, other conventions on the subject, or theStatutes of the Inter-American Commission on Human Rights, withrespect to the crime of torture.

Article 17 [reporting obligations]The States Parties undertake to inform the Inter-American Commis-

sion on Human Rights of any legislative, judicial, administrative, orother measures they adopt in application of this Convention.

In keeping with its duties and responsibilities, the Inter-AmericanCommission on Human Rights will endeavour in its annual report toanalyse the existing situation in the member states of the Organizationof American States in regard to the prevention and elimination of torture.

Article 18 [signature]This Convention is open to signature by the member states of the


Article 19 [ratification]This Convention is subject to ratification. The instruments of

ratification shall be deposited with the General Secretariat of theOrganization of American States.

Article 20 [accession]This Convention is open to accession by any other American state.

The instruments of accession shall be deposited with the GeneralSecretariat of the Organization of American States.

Article 21 [reservations]The States Parties may, at the time of approval, signature, ratification,

or accession, make reservations to this Convention, provided that suchreservations are not incompatible with the object and purpose of theConvention and concern one or more specific provisions.

Article 22 [entry into force]This Convention shall enter into force on the thirtieth day following

the date on which the second instrument of ratification is deposited.For each State ratifying or acceding to the Convention after the secondinstrument of ratification has been deposited, the Convention shall enterinto force on the thirtieth day following the date on which that Statedeposits its instrument of ratification or accession.

Article 23 [denunciation]This Convention shall remain in force indefinitely, but may be

denounced by any State Party. The instrument of denunciation shall bedeposited with the General Secretariat of the Organization of AmericanStates. After one year from the date of deposit of the instrument ofdenunciation, this Convention shall cease to be in effect for thedenouncing State but shall remain in force for the remaining StatesParties.

Article 24 [languages and depositary]The original instrument of this Convention, the English, French,

Portuguese, and Spanish texts of which are equally authentic, shall bedeposited with the General Secretariat of the Organization of AmericanStates, which shall send a certified copy to the Secretariat of the UnitedNations for registration and publication, in accordance with theprovisions of Article 102 of the United Nations Charter. The GeneralSecretariat of the Organization of American States shall notify themember states of the Organization and the States that have acceded tothe Convention of signatures and of deposits of instruments ofratification, accession, and denunciation, as well as reservations, if any.


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PREAMBLEThe 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 thisHemisphere, in the framework of democratic institutions, a system ofindividual freedom and social justice based on respect for essentialhuman rights;

Considering that the forced disappearance of persons in an affrontto the conscience of the Hemisphere and a grave and abominable offenseagainst the inherent dignity of the human being, and one that contradictsthe principles and purposes enshrined in the Charter of the Organizationof American States;

Considering that the forced disappearance of persons of personsviolates numerous non-derogable and essential human rights enshrinedin the American Convention on Human Rights, in the AmericanDeclaration of the Rights and Duties of Man, and in the UniversalDeclaration of Human Rights;

Recalling that the international protection of human rights is in theform of a convention reinforcing or complementing the protectionprovided by domestic law and is based upon the attributes of the humanpersonality;

Reaffirming that the systematic practice of the forced disappearanceof persons constitutes a crime against humanity;

Hoping that this Convention may help to prevent, punish, andeliminate the forced disappearance of persons in the Hemisphere andmake a decisive contribution to the protection of human rights and therule of law,

Resolve to adopt the following Inter-American Convention on ForcedDisappearance of Persons:

Article I [prohibition of forced disappearances]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 individualguarantees;

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

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

d. To take legislative, administrative, judicial, and any other measuresnecessary to comply with the commitments undertaken in thisConvention.

Article II [definition of forced disappearance]For the purposes of this Convention, forced disappearance is

considered to be the act of depriving a person or persons of his or theirfreedom, in whatever way, perpetrated by agents of the state or bypersons or groups of persons acting with the authorization, support, oracquiescence of the state, followed by an absence of information or arefusal to acknowledge that deprivation of freedom or to giveinformation on the whereabouts of that person, thereby impeding hisor her recourse to the applicable legal remedies and proceduralguarantees.

Article III [legislative measures]The States Parties undertake to adopt, in accordance with their

constitutional procedures, the legislative measures that may be neededto define the forced disappearance of persons as an offense and to imposean appropriate punishment commensurate with its extreme gravity. Thisoffense shall be deemed continuous or permanent as long as the fate orwhereabouts of the victim has not been determined.

The States Parties may establish mitigating circumstances for personswho have participated in acts constituting forced disappearance whenthey help to cause the victim to reappear alive or provide informationthat sheds light on the forced disappearance of a person.

Article IV [jurisdiction]The acts constituting the forced disappearance of persons shall be

considered offenses in every State Party. Consequently, each State Partyshall take measures to establish its jurisdiction over such cases in thefollowing instances:

a. When the forced disappearance of persons or any act constitutingsuch offense was committed within its jurisdiction;

b. When the accused is a national of that state;c. When the victim is a national of that state and that state sees fit to

do so.Every State Party shall, moreover, take the necessary measures to

establish its jurisdiction over the crime described in this Conventionwhen the alleged criminal is within its territory and it does not proceedto extradite him.

This Convention does not authorize any State Party to undertake, inthe territory of another State Party, the exercise of jurisdiction or theperformance of functions that are placed within the exclusive purviewof the authorities of that other Party by its domestic law.

Article V [extradition conditions]The forced disappearance of persons shall not be considered a

political offense for purposes of extradition.The forced disappearance of persons shall be deemed to be included

among the extraditable offenses in every extradition treaty entered intobetween States Parties.

The States Parties undertake to include the offense of forceddisappearance as one which is extraditable in every extradition treatyto be concluded between them in the future.

Every State Party that makes extradition conditional on the existenceof a treaty and receives a request for extradition from another StateParty with which it has no extradition treaty may consider thisConvention as the necessary legal basis for extradition with respect tothe offense of forced disappearance.

States Parties which do not make extradition conditional on theexistence of a treaty shall recognize such offense as extraditable, subjectto the conditions imposed by the law of the requested state.

Extradition shall be subject to the provisions set forth in theconstitution and other laws of the request state.

Article VI [measures in case of non-extradition]When a State Party does not grant the extradition, the case shall be

submitted to its competent authorities as if the offense had beencommitted within its jurisdiction, for the purposes of investigation andwhen appropriate, for criminal action, in accordance with its nationallaw. Any decision adopted by these authorities shall be communicatedto the state that has requested the extradition.

Article VII[application of statute of limitations]Criminal prosecution for the forced disappearance of persons and

the penalty judicially imposed on its perpetrator shall not be subject tostatutes of limitations.

However, if there should be a norm of a fundamental characterpreventing application of the stipulation contained in the previousparagraph, the period of limitation shall be equal to that which appliesto the gravest crime in the domestic laws of the corresponding StateParty.

2 B.4 INTER-AMERICAN CONVENTION ON FORCED DISAPPEARANCE OF PERSONS

-adopted at the 24th regular session of the General Assembly of the Organisation of American States at Belem doPara, Brazil, and opened for signature, ratification and accession on 9 June 1994-entered into force on 28 March 1996-ratifications, etc.: 10 as per 15 July 2004


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Article VIII [individual responsibility]The defence of due obedience to superior orders or instructions that

stipulate, authorize, or encourage forced disappearance shall not beadmitted. All persons who receive such orders have the right and dutynot to obey them.

The States Parties shall ensure that the training of public law-enforcement personnel or officials includes the necessary education onthe offense of forced disappearance of persons.

Article IX [no immunities or special jurisdiction possible]Persons alleged to be responsible for the acts constituting the offense

of forced disappearance of persons may be tried only in the competentjurisdictions of ordinary law in each state, to the exclusion of all otherspecial jurisdictions, particularly military jurisdictions.

The acts constituting forced disappearance shall not be deemed tohave been committed in the course of military duties.

Privileges, immunities, or special dispensations shall not be admittedin such trials, without prejudice to the provisions set forth in the ViennaConvention on Diplomatic Relations.

Article X [no justifications]In no case may exceptional circumstances such as a state of war, the

threat of war, internal political instability, or any other public emergencybe invoked to justify the forced disappearance of persons. In such cases,the right to expeditious and effective judicial procedures and recourseshall be retained as a means of determining the whereabouts or state ofhealth of a person who has been deprived of freedom, or of identifyingthe official who ordered or carried out such deprivation of freedom.

In pursuing such procedures or recourse, and in keeping withapplicable domestic law, the competent judicial authorities shall havefree and immediate access to all detention centers and to each of theirunits, and to all places where there is reason to believe the disappearedperson might be found including places that are subject to militaryjurisdiction.

Article XI [detention conditions]Every person deprived of liberty shall be held in an officially

recognized place of detention and be brought before a competent judicialauthority without delay, in accordance with applicable domestic law.

The States Parties shall establish and maintain official up-to-dateregistries of their detainees and, in accordance with their domestic law,shall make them available to relatives, judges, attorneys, any otherperson having a legitimate interest, and other authorities.

Article XII [international cooperation]The States Parties shall give each other mutual assistance in the search

for, identification, location, and return of minors who have beenremoved to another state or detained therein as a consequence of theforced disappearance of their parents or guardians.

Article XIII [role of Inter-American Commission]For the purposes of this Convention, the processing of petitions or

communications presented to the Inter-American Commission onHuman Rights alleging the forced disappearance of persons shall besubject to the procedures established in the American Convention onHuman Rights and to the Statue and Regulations of the Inter-AmericanCommission on Human Rights and to the Statute and Rules of Procedureof the Inter-American Court of Human Rights, including the provisionson precautionary measures.

Article XIV [actions of the Inter-American Commission]Without prejudice to the provisions of the preceding article, when

the Inter-American Commission on Human Rights receives a petitionor communication regarding an alleged forced disappearance, itsExecutive Secretariat shall urgently and confidentially address therespective government, and shall request that government to provideas soon as possible information as to the whereabouts of the allegedlydisappeared person together with any other information it considerspertinent, and such request shall be without prejudice as to theadmissibility of the petition.

Article XV [present Convention not limiting other standards]None of the provisions of this Convention shall be interpreted as

limiting other bilateral or multilateral treaties or other agreements signedby the Parties.

This Convention shall not apply to the international armed conflictsgoverned by the 1949 Geneva Conventions and their Protocols,concerning protection of wounded, sick, and shipwrecked members ofthe armed forces; and prisoners of war and civilians in time of war.

Article XVI [signature]This Convention is open for signature by the member states of the


Article XVII [ratification]This Convention is subject to ratification. The instruments of

ratification shall be deposited with the General Secretariat of theOrganization of American States.

Article XVIII [accession]This Convention shall be open to accession by any other state. The

instruments of accession shall be deposited with the General Secretariatof the Organization of American States.

Article XIX [reservations]The states may express reservations with respect to this Convention

when adopting, signing, ratifying or acceding to it, unless suchreservations are incompatible with the object and purpose of theConvention and as long as they refer to one or more specific provisions.

Article XX [entry into force]This Convention shall enter into force for the ratifying states on the

thirtieth day from the date of deposit of the second instrument ofratification.For each state ratifying or acceding to the Convention after the secondinstrument of ratification has been deposited, the Convention shall enterinto force on the thirtieth day from the date on which that state depositedits instrument of ratification or accession.

Article XXI [denunciation]This Convention shall remain in force indefinitely, buy may be

denounced by any State Party. The instrument of denunciation shall bedeposited with the General Secretariat of the Organization of AmericanStates. The Convention shall cease to be in effect for the denouncingstate and shall remain in force for the other States Parties one yearfrom the date of deposit of the instrument of denunciation.

Article XXII [languages and depositary]The original instrument of this Convention, the Spanish, English,

Portuguese, and French texts of which are equally authentic, shall bedeposited with the General Secretariat of the Organization of AmericanStates, which shall forward certified copies thereof to the United NationsSecretariat, for registration and publication, in accordance with Article102 of the Charter of the United Nations. The General Secretariat ofthe Organization of American States shall notify member states of theOrganization and states acceding to the Convention of the signaturesand deposit of instruments of ratification, accession or denunciation,as well as of any reservations that may be expressed.


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2 B.5 INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT AND ERADICATIONOF VIOLENCE AGAINST WOMEN; ‘CONVENTION OF BELEM DO PARA’

-adopted at the 24th regular session of the General Assembly of the Organisation of American States at Belem doPara, Brazil, and opened for signature, ratification and accession on 9 June 1994-entered into force on 5 March 1995-ratifications, etc.: 31 as per 15 July 2004

The States parties to this Convention,Recognizing that full respect for human rights has been enshrined

in the American Declaration of the Rights and Duties of Man and theUniversal Declaration of Human Rights, and reaffirmed in otherinternational and regional instruments;

Affirming that violence against women constitutes a violation of theirhuman rights and fundamental freedoms, and impairs or nullifies theobservance, enjoyment and exercise of such rights and freedoms;

Concerned that violence against women is an offense against humandignity and a manifestation of the historically unequal power relationsbetween women and men;

Recalling the declaration on the elimination of violence againstwomen, adopted by the twenty-fifth assembly of delegates of the Inter-American commission of women, and affirming that violence againstwomen pervades every sector of society regardless of class, race orethnic group, income, culture, level of education, age or religion andstrikes at its very foundations:

Convinced that the elimination of violence against women is essentialfor their individual and social development and their full and equalparticipation in all walks of life; and

Convinced that the adoption of a convention on the prevention,punishment and eradication of all forms of violence against womenwithin the framework of the Organization of American States is apositive contribution to protecting the rights of women and eliminatingviolence against them,

Have agreed to the following:

CHAPTER I DEFINITION AND SCOPE OF APPLICATIONArticle 1 [definition of violence against women]

For the purposes of this Convention, violence against women shallbe understood as any act or conduct, based on gender, which causesdeath or physical, sexual or psychological harm or suffering to women,whether in the public or the private sphere.

Article 2 [further definition]Violence against women shall be understood to include physical,

sexual and psychological violence:a) that occurs within the family or domestic unit or within any otherinterpersonal relationship, whether or not the perpetrator shares or hasshared the same residence with the woman, including, among others,rape, battery and sexual abuse;b) that occurs in the community and is perpetrated by any person,including, among others, rape, sexual abuse, torture, trafficking inpersons, forced prostitution, kidnapping and sexual harassment in theworkplace, as well as in educational institutions, health facilities orany other place; andc) that is perpetrated or condoned by the state or its agents regardlessof where it occurs.

CHAPTER II RIGHTS PROTECTEDArticle 3 [freedom from violence]

Every woman has the right to be free from violence in both thepublic and private spheres.

Article 4 [recognition of women’s rights]Every woman has the right to the recognition, enjoyment, exercise

and protection of all human rights and freedoms embodied in regionaland international human rights instruments. These rights include, amongothers:a) The right to have her life respected;b) The right to have her physical, mental and moral integrity respected;c) The right to personal liberty and security;d) The right not to be subjected to torture;

e) The rights to have the inherent dignity of her person respected andher family protected;f) The right to equal protection before the law and of the law;g) The right to simple and prompt recourse to a competent court forprotection against acts that violate her rights;h) The right to associate freely;i) The right of freedom to profess her religion and beliefs within thelaw; andj) The right to have equal access to the public service of her countryand to take part in the conduct of public affairs, including decision-making.Article 5 [full exercise of all human rights]

Every woman is entitled to the free and full exercise of her civil,political, economic, social and cultural rights, and may rely on the fullprotection of those rights as embodied in regional and internationalinstruments on human rights. The States Parties recognize that violenceagainst women prevents and nullifies the exercise of these rights.

Article 6 [additional rights]The right of every woman to be free from violence includes, among

others:a) The right of women to be free from all forms of discrimination; andb) The right of women to be valued and educated free of stereotypedpatterns of behaviour and social and cultural practices based on conceptsof inferiority or subordination.

CHAPTER III DUTIES OF THE STATES Article 7 [details of obligations of States Parties]

The States Parties condemn all forms of violence against womenand agree to pursue, by all appropriate means and without delay, policiesto prevent, punish and eradicate such violence and undertake to:a) refrain from engaging in any act or practice of violence against womenand to ensure that their authorities, officials, personnel, agents, andinstitutions act in conformity with this obligation;b) apply due diligence to prevent, investigate and impose penalties forviolence against women;c) include in their domestic legislation penal, civil, administrative andany other type of provisions that may be needed to prevent, punish anderadicate violence against women and to adopt appropriateadministrative measures where necessary;d) adopt legal measures to require the perpetrator to refrain fromharassing, intimidating or threatening the woman or using any methodthat harms or endangers her life or integrity, or damages her property;e) take all appropriate measures, including legislative measures, toamend or repeal existing laws and regulations or to modify legal orcustomary practices which sustain the persistence and tolerance ofviolence against women;f) establish fair and effective legal procedures for women who havebeen subjected to violence which include, among others, protectivemeasures, a timely hearing and effective access to such procedures;g) establish the necessary legal and administrative mechanisms to ensurethat women subjected to violence have effective access to restitution,reparations or other just and effective remedies; andh) adopt such legislative or other measures as may be necessary to giveeffect to this Convention.

Article 8 [progressive measures]The States Parties agree to undertake progressively specific

measures, including programs:a) to promote awareness and observance of the right of women to befree from violence, and the right of women to have their human rightsrespected and protected;

2 B.5 INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT AND ERADICATION OFVIOLENCE AGAINST WOMEN; ‘CONVENTION OF BELEM DO PARA’

161

b) to modify social and cultural patterns of conduct of men and women,including the development of formal and informal educational programsappropriate to every level of the educational process, to counteractprejudices, customs and all other practices which are based on the ideaof the inferiority or superiority of either of the sexes or on the stereotypedroles for men and women which legitimize or exacerbate violenceagainst women;c) to promote the education and training of all those involved in theadministration of justice, police and other law enforcement officers aswell as other personnel responsible for implementing policies for theprevention, punishment and eradication of violence against women;d) to provide appropriate specialized services for women who havebeen subjected to violence, through public and private sector agencies,including shelters, counseling services for all family members whereappropriate, and care and custody of the affected children;e) to promote and support governmental and private sector educationdesigned to raise the awareness of the public with respect to the problemsof and remedies for violence against women;f) to provide women who are subjected to violence access to effectivereadjustment and training programs to enable them to fully participatein public, private and social life;g) to encourage the communications media to develop appropriate mediaguidelines in order to contribute to the eradication of violence againstwomen in all its forms, and to enhance respect for the dignity of women;h) to ensure research and the gathering of statistics and other relevantinformation relating to the causes, consequences and frequency ofviolence against women, in order to assess the effectiveness of measuresto prevent, punish and eradicate violence against women and toformulate and implement the necessary changes; andi) to foster international cooperation for the exchange of ideas andexperiences and the execution of programs aimed at protecting womenwho are subjected to violence.

Article 9 [special protection]With respect to the adoption of the measures in this Chapter, the

States Parties shall take special account of the vulnerability of womento violence by reason of, among others, their race or ethnic backgroundor their status as migrants, refugees or displaced persons. Similarconsideration shall be given to women subjected to violence whilepregnant or who are disabled, of minor age, elderly, socioeconomicallydisadvantaged, affected by armed conflict or deprived of their freedom.

CHAPTER IV INTER-AMERICAN MECHANISMS OFPROTECTION

Article 10 [reporting to the Inter-American Commission]In order to protect the rights of every woman to be free from violence,

the States Parties shall include in their national reports to the Inter-American Commission of Women information on measures adopted toprevent and prohibit violence against women, and to assist womenaffected by violence, as well as on any difficulties they observe inapplying those measures, and the factors that contribute to violenceagainst women.

Article 11 [possibility of advisory opinions]The States Parties to this Convention and the Inter-American

Commission of Women may request of the Inter-American Court ofHuman Rights advisory opinions on the interpretation of thisConvention.

Article 12 [petitions on violence against women]Any person or group of persons, or any non-governmental entity

legally recognized in one or more member states of the Organization,may lodge petitions with the Inter-American Commission on HumanRights containing denunciations or complaints of violations of Article7 of this Convention by a State Party, and the Commission shall considersuch claims in accordance with the norms and procedures establishedby the American Convention on Human Rights and the Statutes andRegulations of the Inter-American Commission on Human Rights forlodging and considering petitions.

CHAPTER V GENERAL PROVISIONSArticle 13 [no restrictions]

No part of this Convention shall be understood to restrict or limitthe domestic law of any State Party that affords equal or greaterprotection and guarantees of the rights of women and appropriatesafeguards to prevent and eradicate violence against women.

Article 14 [no restrictions]No part of this Convention shall be understood to restrict or limit

the American Convention on Human Rights or any other internationalconvention on the subject that provides for equal or greater protectionin this area.

Article 15- 17[signature, ratificiation and accession ][ . . . ]

Article 18 [reservations][ . . . ]

Article 19 [amendments][ . . . ]

Article 20 [territorial application][ . . . ]

Article 21 [entry into force]This Convention shall enter into force on the thirtieth day after the

date of deposit of the second instrument of ratification. For each Statethat ratifies or accedes to the Convention after the second instrumentof ratification is deposited, it shall enter into force thirty days after thedate on which that State deposited its instrument of ratification oraccession.

Article 22 [information]The Secretary General shall inform all member states of the

Organization of American States of the entry into force of thisConvention.

Article 23 [reporting by Organization of American States]The Secretary General of the Organization of American States shall

present an annual report to the member states of the Organization onthe status of this Convention, including the signatures, deposits ofinstruments of ratification and accession, and declarations, and anyreservations that may have been presented by the States Parties,accompanied by a report thereon if needed.

Article 24 [denunciation]This Convention shall remain in force indefinitely, but any of the

States Parties may denounce it by depositing an instrument to that effectwith the General Secretariat of the Organization of American States.One year after the date of deposit of the instrument of denunciation,this Convention shall cease to be in effect for the denouncing State butshall remain in force for the remaining States Parties.

Article 25 [languages and depositary]The original instrument of this Convention, the English, French,

Portuguese and Spanish texts of which are equally authentic, shall bedeposited with the General Secretariat of the Organization of AmericanStates, which shall send a certified copy to the Secretariat of the UnitedNations for registration and publication in accordance with theprovisions of Article 102 of the United Nations Charter.

In witness whereof the undersigned Plenipotentiaries, being dulyauthorized thereto by their respective governments, have signed thisConvention, which shall be called the Inter-American Convention onthe Prevention, Punishment and Eradication of Violence against Women“Convention of BelÈm do Par·.”

Done in the city of Belem do Para, Brazil, the ninth of June in theyear one thousand nine hundred ninety-four.

2 B.5 INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT AND ERADICATION OF VIOLENCE AGAINST WOMEN; ‘CONVENTION OF BELEM DO PARA’

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2 B.6 INTER-AMERICAN DEMOCRATIC CHARTER

-adopted by the General Assembly of the Organization of American States at its special session held in Lima, Peru, on 11 September 2001


The General Assembly,Considering that the Charter of the Organization of American States

recognizes that representative democracy is indispensable for thestability, peace, and development of the region, and that one of thepurposes of the OAS is to promote and consolidate representativedemocracy, with due respect for the principle of nonintervention;

Recognizing the contributions of the OAS and other regional andsub-regional mechanisms to the promotion and consolidation ofdemocracy in the Americas;

Recalling that the Heads of State and Government of the Americas,gathered at the Third Summit of the Americas, held from April 20 to22, 2001 in Quebec City, adopted a democracy clause which establishesthat any unconstitutional alteration or interruption of the democraticorder in a state of the Hemisphere constitutes an insurmountable obstacleto the participation of that state’s government in the Summits of theAmericas process; [ . . . ],

Resolves to adopt the following:

INTER-AMERICAN DEMOCRATIC CHARTER

I. Democracy and the Inter-American SystemArticle 1 [right to democracy]

The peoples of the Americas have a right to democracy and theirgovernments have an obligation to promote and defend it.Democracy is essential for the social, political, and economicdevelopment of the peoples of the Americas.

Article 2 [democracy as basis of the rule of law]The effective exercise of representative democracy is the basis for

the rule of law and of the constitutional regimes of the member statesof the Organization of American States. Representative democracy isstrengthened and deepened by permanent, ethical, and responsibleparticipation of the citizenry within a legal framework conforming tothe respective constitutional order.

Article 3 [essential elements of democracy]Essential elements of representative democracy include, inter alia,

respect for human rights and fundamental freedoms, access to and theexercise of power in accordance with the rule of law, the holding ofperiodic, free, and fair elections based on secret balloting and universalsuffrage as an expression of the sovereignty of the people, the pluralisticsystem of political parties and organizations, and the separation ofpowers and independence of the branches of government.

Article 4[further essential elements]Transparency in government activities, probity, responsible public

administration on the part of governments, respect for social rights,and freedom of expression and of the press are essential componentsof the exercise of democracy.

The constitutional subordination of all state institutions to the legallyconstituted civilian authority and respect for the rule of law on the partof all institutions and sectors of society are equally essential todemocracy.

Article 5 [role of political parties and elections]The strengthening of political parties and other political organizations

is a priority for democracy. Special attention will be paid to the problemsassociated with the high cost of election campaigns and theestablishment of a balanced and transparent system for their financing.

Article 6 [right to participate in development]It is the right and responsibility of all citizens to participate in

decisions relating to their own development. This is also a necessarycondition for the full and effective exercise of democracy. Promotingand fostering diverse forms of participation strengthens democracy.

II. Democracy and Human RightsArticle 7[democracy indispensable for human rights]

Democracy is indispensable for the effective exercise of fundamentalfreedoms and human rights in their universality, indivisibility andinterdependence, embodied in the respective constitutions of states andin inter-American and international human rights instruments.

Article 8 [role of Inter-American system in human rights]Any person or group of persons who consider that their human rights

have been violated may present claims or petitions to the inter-Americansystem for the promotion and protection of human rights in accordancewith its established procedures.

Member states reaffirm their intention to strengthen the inter-American system for the protection of human rights for the consolidationof democracy in the Hemisphere.

Article 9 [elimination of discrimination]The elimination of all forms of discrimination, especially gender,

ethnic and race discrimination, as well as diverse forms of intolerance,the promotion and protection of human rights of indigenous peoplesand migrants, and respect for ethnic, cultural and religious diversity inthe Americas contribute to strengthening democracy and citizenparticipation.

Article 10 [workers rights]The promotion and strengthening of democracy requires the full and

effective exercise of workers’ rights and the application of core laborstandards, as recognized in the International Labour Organization (ILO)Declaration on Fundamental Principles and Rights at Work, and itsFollow-up, adopted in 1998, as well as other related fundamental ILOconventions. Democracy is strengthened by improving standards in theworkplace and enhancing the quality of life for workers in theHemisphere.

III. Democracy, Integral Development, and Combating PovertyArticle 11 [interdependence of democracy and socio-economic

rights]Democracy and social and economic development are interdependent

and are mutually reinforcing.

Article 12 [poverty]Poverty, illiteracy, and low levels of human development are factors

that adversely affect the consolidation of democracy. The OAS memberstates are committed to adopting and implementing all those actionsrequired to generate productive employment, reduce poverty, anderadicate extreme poverty, taking into account the different economicrealities and conditions of the countries of the Hemisphere. This sharedcommitment regarding the problems associated with development andpoverty also underscores the importance of maintaining macroeconomicequilibria and the obligation to strengthen social cohesion anddemocracy.

Article 13 [ESC rights]The promotion and observance of economic, social, and cultural

rights are inherently linked to integral development, equitable economicgrowth, and to the consolidation of democracy in the states of theHemisphere.

Article 14 [periodic review of progress against poverty]Member states agree to review periodically the actions adopted and

carried out by the Organization to promote dialogue, cooperation forintegral development, and the fight against poverty in the Hemisphere,and to take the appropriate measures to further these objectives.


Article 15 [relationship between democracy and environment]The exercise of democracy promotes the preservation and good

stewardship of the environment. It is essential that the states of theHemisphere implement policies and strategies to protect theenvironment, including application of various treaties and conventions,to achieve sustainable development for the benefit of future generations.

Article 16 [relationship between education and democracy]Education is key to strengthening democratic institutions, promoting

the development of human potential, and alleviating poverty andfostering greater understanding among our peoples. To achieve theseends, it is essential that a quality education be available to all, includinggirls and women, rural inhabitants, and minorities.

IV. Strengthening and Preservation of Democratic InstitutionsArticle 17 [assistance to preserve democratic system]

When the government of a member state considers that its democraticpolitical institutional process or its legitimate exercise of power is atrisk, it may request assistance from the Secretary General or thePermanent Council for the strengthening and preservation of itsdemocratic system.

Article 18 [role of the OAS to preserve democracy]When situations arise in a member state that may affect the

development of its democratic political institutional process or thelegitimate exercise of power, the Secretary General or the PermanentCouncil may, with prior consent of the government concerned, arrangefor visits or other actions in order to analyze the situation. The SecretaryGeneral will submit a report to the Permanent Council, which willundertake a collective assessment of the situation and, where necessary,may adopt decisions for the preservation of the democratic system andits strengthening.

Article 19 [interruption of democracy affects OAS participation]Based on the principles of the Charter of the OAS and subject to its

norms, and in accordance with the democracy clause contained in theDeclaration of Quebec City, an unconstitutional interruption of thedemocratic order or an unconstitutional alteration of the constitutionalregime that seriously impairs the democratic order in a member state,constitutes, while it persists, an insurmountable obstacle to itsgovernment’s participation in sessions of the General Assembly, theMeeting of Consultation, the Councils of the Organization, thespecialized conferences, the commissions, working groups, and otherbodies of the Organization.

Article 20 [initiatives of OAS to restore democracy]In the event of an unconstitutional alteration of the constitutional

regime that seriously impairs the democratic order in a member state,any member state or the Secretary General may request the immediateconvocation of the Permanent Council to undertake a collectiveassessment of the situation and to take such decisions as it deemsappropriate.

The Permanent Council, depending on the situation, may undertakethe necessary diplomatic initiatives, including good offices, to fosterthe restoration of democracy.

If such diplomatic initiatives prove unsuccessful, or if the urgencyof the situation so warrants, the Permanent Council shall immediatelyconvene a special session of the General Assembly. The GeneralAssembly will adopt the decisions it deems appropriate, including theundertaking of diplomatic initiatives, in accordance with the Charterof the Organization, international law, and the provisions of thisDemocratic Charter.

The necessary diplomatic initiatives, including good offices, to fosterthe restoration of democracy, will continue during the process.

Article 21 [suspension of non-democratic member state]When the special session of the General Assembly determines that

there has been an unconstitutional interruption of the democratic orderof a member state, and that diplomatic initiatives have failed, the specialsession shall take the decision to suspend said member state from theexercise of its right to participate in the OAS by an affirmative vote oftwo thirds of the member states in accordance with the Charter of theOAS. The suspension shall take effect immediately.

The suspended member state shall continue to fulfill its obligationsto the Organization, in particular its human rights obligations.Notwithstanding the suspension of the member state, the Organizationwill maintain diplomatic initiatives to restore democracy in that state.

Article 22 [lifting of suspension]Once the situation that led to suspension has been resolved, any

member state or the Secretary General may propose to the GeneralAssembly that suspension be lifted. This decision shall require the voteof two thirds of the member states in accordance with the OAS Charter.

V. Democracy and Electoral Observation MissionsArticle 23 [electoral processes]

Member states are responsible for organizing, conducting, andensuring free and fair electoral processes.

Member states, in the exercise of their sovereignty, may request thatthe Organization of American States provide advisory services orassistance for strengthening and developing their electoral institutionsand processes, including sending preliminary missions for that purpose.

Article 24 [electoral observation missions]The electoral observation missions shall be carried out at the request

of the member state concerned. To that end, the government of thatstate and the Secretary General shall enter into an agreement establishingthe scope and coverage of the electoral observation mission in question.The member state shall guarantee conditions of security, free access toinformation, and full cooperation with the electoral observation mission.

Electoral observation missions shall be carried out in accordancewith the principles and norms of the OAS. The Organization shall ensurethat these missions are effective and independent and shall providethem with the necessary resources for that purpose. They shall beconducted in an objective, impartial, and transparent manner and withthe appropriate technical expertise.

Electoral observation missions shall present a report on their activitiesin a timely manner to the Permanent Council, through the GeneralSecretariat.

Article 25 [reporting to the OAS]The electoral observation missions shall advise the Permanent

Council, through the General Secretariat, if the necessary conditionsfor free and fair elections do not exist.

The Organization may, with the consent of the state concerned, sendspecial missions with a view to creating or improving said conditions.

VI. Promotion of a Democratic CultureArticle 26 [OAS activities to promote democratic culture]

The OAS will continue to carry out programs and activities designedto promote democratic principles and practices and strengthen ademocratic culture in the Hemisphere, bearing in mind that democracyis a way of life based on liberty and enhancement of economic, social,and cultural conditions for the peoples of the Americas. The OAS willconsult and cooperate on an ongoing basis with member states andtake into account the contributions of civil society organizations workingin those fields.

Article 27 [objectives of such activities]The objectives of the programs and activities will be to promote

good governance, sound administration, democratic values, and thestrengthening of political institutions and civil society organizations.Special attention shall be given to the development of programs andactivities for the education of children and youth as a means of ensuringthe continuance of democratic values, including liberty and socialjustice.

Article 28 [equal participation of women]States shall promote the full and equal participation of women in

the political structures of their countries as a fundamental element inthe promotion and exercise of a democratic culture.

164

The States Parties to this Convention,Reaffirming that persons with disabilities have the same human rights

and fundamental freedoms as other persons; and that these rights, whichinclude freedom from discrimination based on disability, flow fromthe inherent dignity and equality of each person;

considering that the Charter of the Organization of American States,in Article 3.j, establishes the principle that “social justice and socialsecurity are bases of lasting peace”;

Concerned by the discrimination to which people are subject basedon their disability;

Bearing in mind the agreement of the International LabourOrganisation on the vocational rehabilitation and employment ofdisabled persons (Convention 159); the Declaration of the Rights ofMentally Retarded Persons (UN General Assembly resolution 2856(XXVI) of December 20, 1971); the Declaration on the Rights ofDisabled Persons (UN General Assembly resolution 3447 (XXX) ofDecember 9, 1975); the World Programme of Action concerningDisabled Persons (UN General Assembly resolution 37/52 of December3, 1982); the Additional Protocol to the American Convention on HumanRights in the area of Economic, Social, and Cultural Rights, “Protocolof San Salvador” (1988); the Principles for the Protection of Personswith Mental Illness and for the Improvement of Mental Health Care(UN General Assembly resolution 46/119 of December 17, 1991); theDeclaration of Caracas of the Pan American Health Organization;resolution AG/RES. 1249 (XXIII-O/93), “Situation of Persons withDisabilities in the American Hemisphere”; the Standard Rules on theEqualization of Opportunities for Persons with Disabilities (UN GeneralAssembly resolution 48/96 of December 20, 1993); the Declaration ofManagua (December 1993); the Vienna Declaration and Programmeof Action, adopted by the UN World Conference on Human Rights(157/93); resolution AG/RES. 1356 (XXV-O/95), “Situation of Personswith Disabilities in the American Hemisphere”; and AG/RES. 1369(XXVI-O/96), “Panama Commitment to Persons with Disabilities inthe American Hemisphere”; and

Committed to eliminating discrimination, in all its forms andmanifestations, against persons with disabilities,


Article I [definitions of disabilities and discrimination]For the purposes of this Convention, the following terms are defined:1. DisabilityThe term “disability” means a physical, mental, or sensory

impairment, whether permanent or temporary, that limits the capacityto perform one or more essential activities of daily life, and which canbe caused or aggravated by the economic and social environment.

2. Discrimination against persons with disabilitiesa.. The term “discrimination against persons with disabilities” means

any distinction, exclusion, or restriction based on a disability, recordof disability, condition resulting from a previous disability, or perceptionof disability, whether present or past, which has the effect or objectiveof impairing or nullifying the recognition, enjoyment, or exercise by aperson with a disability of his or her human rights and fundamentalfreedoms.

b. A distinction or preference adopted by a state party to promotethe social integration or personal development of persons withdisabilities does not constitute discrimination provided that thedistinction or preference does not in itself limit the right of personswith disabilities to equality and that individuals with disabilities arenot forced to accept such distinction or preference. If, under a state’sinternal law, a person can be declared legally incompetent, whennecessary and appropriate for his or her well-being, such declarationdoes not constitute discrimination.

Article II [objectives of the Convention]The objectives of this Convention are to prevent and eliminate all

forms of discrimination against persons with disabilities and to promotetheir full integration into society.

Article III [state obligations]To achieve the objectives of this Convention, the states parties

undertake:1. To adopt the legislative, social, educational, labor-related, or any

other measures needed to eliminate discrimination against persons withdisabilities and to promote their full integration into society, including,but not limited to:

a. Measures to eliminate discrimination gradually and to promoteintegration by government authorities and/or private entities inproviding or making available goods, services, facilities, programs, andactivities such as employment, transportation, communications,housing, recreation, education, sports, law enforcement andadministration of justice, and political and administrative activities;

b. Measures to ensure that new buildings, vehicles, and facilitiesconstructed or manufactured within their respective territories facilitatetransportation, communications, and access by persons with disabilities;

c. Measures to eliminate, to the extent possible, architectural,transportation, and communication obstacles to facilitate access anduse by persons with disabilities; and

d. Measures to ensure that persons responsible for applying thisConvention and domestic law in this area are trained to do so.

2. To work on a priority basis in the following areas:a.. Prevention of all forms of preventable disabilities;b. Early detection and intervention, treatment, rehabilitation,

education, job training, and the provision of comprehensive services toensure the optimal level of independence and quality of life for personswith disabilities; and

c. Increasing of public awareness through educational campaignsaimed at eliminating prejudices, stereotypes, and other attitudes thatjeopardize the right of persons to live as equals, thus promoting respectfor and coexistence with persons with disabilities;

Article IV [further state obligations]To achieve the objectives of this Convention, the states parties

undertake to:1. Cooperate with one another in helping to prevent and eliminate

discrimination against persons with disabilities;2. Collaborate effectively in:a.. Scientific and technological research related to the prevention of

disabilities and to the treatment, rehabilitation, and integration intosociety of persons with disabilities; and

b. The development of means and resources designed to facilitate orpromote the independence, self-sufficiency, and total integration intosociety of persons with disabilities, under conditions of equality.

Article V [promotion and communication]1. To the extent that it is consistent with their respective internal

laws, the states parties shall promote participation by representativesof organizations of persons with disabilities, nongovernmentalorganizations working in this area, or, if such organizations do not exist,persons with disabilities, in the development, execution, and evaluationof measures and policies to implement this Convention.

2. The states parties shall create effective communication channelsto disseminate among the public and private organizations workingwith persons with disabilities the normative and juridical advances thatmay be achieved in order to eliminate discrimination against personswith disabilities.

2 B.7 INTER-AMERICAN CONVENTION ON THE ELIMINATION OF ALL FORMS OFDISCRIMINATION AGAINST PERSONS WITH DISABILITIES

-adopted at Guatemala City, Guatemala, at the 29th regular session of the OAS General Assembly, June 7, 1999-entered into force on 14 September 2001-ratifications, etc.: 15 as per 15 July 2004

2 B.7 INTER-AMERICAN CONVENTION ON THE ELIMINATION OF ALL FORMSOF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES

165

Article VI [supervision mechanism]1. To follow up on the commitments undertaken in this Convention,

a Committee for the Elimination of All Forms of Discrimination againstPersons with Disabilities, composed of one representative appointedby each state party, shall be established.

2. The committee shall hold its first meeting within the 90 daysfollowing the deposit of the 11th instrument of ratification. Said meetingshall be convened by the General Secretariat of the Organization ofAmerican States and shall be held at the Organization’s headquarters,unless a state party offers to host it.

3. At the first meeting, the states parties undertake to submit a reportto the Secretary General of the Organization for transmission to theCommittee so that it may be examined and reviewed. Thereafter, reportsshall be submitted every four years.

4. The reports prepared under the previous paragraph shall includeinformation on measures adopted by the member states pursuant tothis Convention and on any progress made by the states parties ineliminating all forms of discrimination against persons with disabilities.The reports shall indicate any circumstances or difficulties affectingthe degree of fulfilment of the obligations arising from this Convention.

5. The Committee shall be the forum for assessment of progressmade in the application of the Convention and for the exchange ofexperience among the states parties. The reports prepared by the com-mittee shall reflect the deliberations; shall include information on anymeasures adopted by the states parties pursuant to this Convention, onany progress they have made in eliminating all forms of discriminationagainst persons with disabilities, and on any circumstances or difficul-ties they have encountered in the implementation of the Convention;and shall include the committee’s conclusions, its observations, and itsgeneral suggestions for the gradual fulfilment of the Convention.

6. The committee shall draft its rules of procedure and adopt themby a simple majority.

7. The Secretary General shall provide the Committee with thesupport it requires in order to perform its functions.

Article VII [prevalence of best standards]No provision of this Convention shall be interpreted as restricting,

or permitting the restriction by states parties of the enjoyment of therights of persons with disabilities recognized by customary internationallaw or the international instruments by which a particular state party isbound.

Article VIII [signature and ratification]1. This Convention shall be open for signature by all member states

in Guatemala City, Guatemala, on June 8, 1999, and, thereafter, shallremain open for signature by all states at the headquarters of theOrganization of American States, until its entry into force.

2. This Convention is subject to ratification.3. This Convention shall enter into force for the ratifying states on

the 30th day following the date of deposit of the sixth instrument ofratification by a member state of the Organization of American States.

Article IX [accession]After its entry into force, this Convention shall be open for accession

by all states that have not signed it.

Article X [depositary]1. The instruments of ratification and accession shall be deposited

with the General Secretariat of the Organization of American States. 2. For each state that ratifies or accedes to the Convention afterthe sixth instrument of ratification has been deposited, the Conventionshall enter into force on the 30th day following deposit by that state ofits instrument of ratification or accession.

Article XI [amendments]1. Any state party may make proposals for amendment of this

Convention. Said proposals shall be submitted to the General Secretariatof the OAS for dissemination to the states parties.

2. Amendments shall enter into force for the states ratifying themon the date of deposit of the respective instruments of ratification bytwo thirds of the member states. For the remaining states parties, theyshall enter into force on the date of deposit of their respectiveinstruments of ratification.

Article XII [reservations] The states may enter reservations to this Convention when ratifyingor acceding to it, provided that such reservations are not incompatiblewith the aim and purpose of the Convention and relate to one or morespecific provisions thereof.

Article XIII [denunciation]This Convention shall remain in force indefinitely, but any state party

may denounce it. The instrument of denunciation shall be depositedwith the General Secretariat of the Organization of American States.The Convention shall cease to have force and effect for the denouncingstate one year after the date of deposit of the instrument of denunciation,and shall remain in force for the other states parties. Such denunciationshall not exempt the state party from the obligations imposed upon itunder this Convention in respect of any action or omission prior to thedate on which the denunciation takes effect.

Article XIV [languages and depository functions]1. The original instrument of this Convention, the English, French,

Portuguese, and Spanish texts of which are equally authentic, shall bedeposited with the General Secretariat of the Organization of AmericanStates, which shall send a certified copy thereof to the United NationsSecretariat for registration and publication pursuant to Article 102 ofthe United Nations Charter.

2. The General Secretariat of the Organization of American Statesshall notify the member states of that Organization and the states thathave acceded to the Convention of the signatures, deposits ofinstruments of ratification, accession, and denunciation, and anyreservations entered.

2 B.7 INTER-AMERICAN CONVENTION ON THE ELIMINATION OF ALL FORMSOF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES

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

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

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

Considering that the aim of the Council of Europe is the achievementof greater unity between its members and that one of the methods bywhich that aim is to be pursued is the maintenance and further realisationof human rights and fundamental freedoms;

Reaffirming their profound belief in those fundamental freedomswhich are the foundation of justice and peace in the world and are bestmaintained on the one hand by an effective political democracy and onthe other by a common understanding and observance of the humanrights upon which they depend;

Being resolved, as the governments of European countries whichare like-minded and have a common heritage of political traditions,ideals, freedom and the rule of law, to take the first steps for thecollective enforcement of certain of the rights stated in the UniversalDeclaration,


Article 1 Obligation to respect human rightsThe High Contracting Parties shall secure to everyone within their

jurisdiction the rights and freedoms defined in Section I of thisConvention.

Section I Rights and freedomsArticle 2 Right to life

Everyone’s right to life shall be protected by law. No one shall bedeprived of his life intentionally save in the execution of a sentence ofa court following his conviction of a crime for which this penalty isprovided by law.Deprivation of life shall not be regarded as inflicted in contraventionof this article when it results from the use of force which is no morethan absolutely necessary:in defence of any person from unlawful violence;in order to effect a lawful arrest or to prevent the escape of a personlawfully detained;in action lawfully taken for the purpose of quelling a riot or insurrection.

Article 3 Prohibition of tortureNo one shall be subjected to torture or to inhuman or degrading

treatment or punishment.

Article 4 Prohibition of slavery and forced labourNo one shall be held in slavery or servitude.No one shall be required to perform forced or compulsory labour.For the purpose of this article the term “forced or compulsory labour”

shall not include:

2 C.1. EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS ANDFUNDAMENTAL FREEDOMS as amended by Protocol No. 11

-signed by the Members of the Council of Europe on 4 November 1950 at Rome-opened for signature and ratification on 4 November 1950-entered into force on 3 September 1953-ratifications: 45 as per 15 July 2004; all member States of the Council of Europe-The text of the Convention had been amended according to the provisions of Protocol No. 3, which entered intoforce on 21 September 1970, of Protocol No. 5, which entered into force on 20 December 1971 and of Protocol No.8, which entered into force on 1 January 1990, and comprised also the text of Protocol No. 2 which, in accordancewith Article 5, paragraph 3 thereof, had been an integral part of the Convention since its entry into force on 21September 1970. All provisions which had been amended or added by these Protocols are replaced by Protocol No.11, as from the date of its entry into force on 1 November 1998. Protocol No. 11 was adopted on 11 May 1994. Asfrom the date of entry into force, Protocol No. 9, which entered into force on 1 October 1994, is repealed andProtocol No. 10 has lost its purpose

any work required to be done in the ordinary course of detentionimposed according to the provisions of Article 5 of this Convention orduring conditional release from such detention;

any service of a military character or, in case of conscientiousobjectors in countries where they are recognised, service exacted insteadof compulsory military service;

any service exacted in case of an emergency or calamity threateningthe life or well-being of the community;any work or service which forms part of normal civic obligations.

Article 5 Right to liberty and security1. Everyone has the right to liberty and security of person. No one

shall be deprived of his liberty save in the following cases and inaccordance with a procedure prescribed by law:a) the lawful detention of a person after conviction by a competentcourt;b) the lawful arrest or detention of a person for non-compliance withthe lawful order of a court or in order to secure the fulfilment of anyobligation prescribed by law;c) the lawful arrest or detention of a person effected for the purpose ofbringing him before the competent legal authority on reasonablesuspicion of having committed an offence or when it is reasonablyconsidered necessary to prevent his committing an offence or fleeingafter having done so;d) the detention of a minor by lawful order for the purpose of educationalsupervision or his lawful detention for the purpose of bringing himbefore the competent legal authority;e) the lawful detention of persons for the prevention of the spreadingof infectious diseases, of persons of unsound mind, alcoholics or drugaddicts or vagrants;f) the lawful arrest or detention of a person to prevent his effecting anunauthorised entry into the country or of a person against whom actionis being taken with a view to deportation or extradition.

2. Everyone who is arrested shall be informed promptly, in alanguage which he understands, of the reasons for his arrest and of anycharge against him.

3. Everyone arrested or detained in accordance with the provisionsof paragraph 1.c of this article shall be brought promptly before a judgeor other officer authorised by law to exercise judicial power and shallbe entitled to trial within a reasonable time or to release pending trial.Release may be conditioned by guarantees to appear for trial.

4.Everyone who is deprived of his liberty by arrest or detention shallbe entitled to take proceedings by which the lawfulness of his detentionshall be decided speedily by a court and his release ordered if thedetention is not lawful.

5.Everyone who has been the victim of arrest or detention incontravention of the provisions of this article shall have an enforceableright to compensation.

2 C.1. EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTSAND FUNDAMENTAL FREEDOMS as amended by Protocol No. 11

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Article 6 Right to a fair trial1. In the determination of his civil rights and obligations or of any

criminal charge against him, everyone is entitled to a fair and publichearing within a reasonable time by an independent and impartialtribunal established by law. Judgment shall be pronounced publiclybut the press and public may be excluded from all or part of the trial inthe interests of morals, public order or national security in a democraticsociety, where the interests of juveniles or the protection of the privatelife of the parties so require, or to the extent strictly necessary in theopinion of the court in special circumstances where publicity wouldprejudice the interests of justice.

2. Everyone charged with a criminal offence shall be presumedinnocent until proved guilty according to law.

3. Everyone charged with a criminal offence has the followingminimum rights:a) to be informed promptly, in a language which he understands and indetail, of the nature and cause of the accusation against him;b) to have adequate time and facilities for the preparation of his defence;c) to defend himself in person or through legal assistance of his ownchoosing or, if he has not sufficient means to pay for legal assistance,to be given it free when the interests of justice so require;d) to examine or have examined witnesses against him and to obtainthe attendance and examination of witnesses on his behalf under thesame conditions as witnesses against him;e) to have the free assistance of an interpreter if he cannot understandor speak the language used in court.

Article 7 No punishment without law1. No one shall be held guilty of any criminal offence on account of

any act or omission which did not constitute a criminal offence undernational or international law at the time when it was committed. Norshall a heavier penalty be imposed than the one that was applicable atthe time the criminal offence was committed.

2. This article shall not prejudice the trial and punishment of anyperson for any act or omission which, at the time when it was committed,was criminal according to the general principles of law recognised bycivilised nations.

Article 8 Right to respect for private and family life1. Everyone has the right to respect for his private and family life,

his home and his correspondence.2. There shall be no interference by a public authority with the

exercise of this right except such as is in accordance with the law andis necessary in a democratic society in the interests of national security,public safety or the economic well-being of the country, for theprevention of disorder or crime, for the protection of health or morals,or for the protection of the rights and freedoms of others.

Article 9 Freedom of thought, conscience and religion1. Everyone has the right to freedom of thought, conscience and

religion; this right includes freedom to change his religion or beliefand freedom, either alone or in community with others and in public orprivate, to manifest his religion or belief, in worship, teaching, practiceand observance.

2. Freedom to manifest one’s religion or beliefs shall be subject onlyto such limitations as are prescribed by law and are necessary in ademocratic society in the interests of public safety, for the protectionof public order, health or morals, or for the protection of the rights andfreedoms of others.

Article 10 Freedom of expression1. Everyone has the right to freedom of expression. This right shall

include freedom to hold opinions and to receive and impart informationand ideas without interference by public authority and regardless offrontiers. This article shall not prevent States from requiring thelicensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties andresponsibilities, may be subject to such formalities, conditions,restrictions or penalties as are prescribed by law and are necessary in ademocratic society, in the interests of national security, territorial

integrity or public safety, for the prevention of disorder or crime, forthe protection of health or morals, for the protection of the reputationor rights of others, for preventing the disclosure of information receivedin confidence, or for maintaining the authority and impartiality of thejudiciary.

Article 11 Freedom of assembly and association1. Everyone has the right to freedom of peaceful assembly and to

freedom of association with others, including the right to form and tojoin trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of these rights otherthan such as are prescribed by law and are necessary in a democraticsociety in the interests of national security or public safety, for theprevention of disorder or crime, for the protection of health or moralsor for the protection of the rights and freedoms of others. This articleshall not prevent the imposition of lawful restrictions on the exerciseof these rights by members of the armed forces, of the police or of theadministration of the State.

Article 12 Right to marryMen and women of marriageable age have the right to marry and to

found a family, according to the national laws governing the exerciseof this right.

Article 13 Right to an effective remedyEveryone whose rights and freedoms as set forth in this Convention

are violated shall have an effective remedy before a national authoritynotwithstanding that the violation has been committed by persons actingin an official capacity.

Article 14 Prohibition of discriminationThe enjoyment of the rights and freedoms set forth in this Convention

shall be secured without discrimination on any ground such as sex,race, colour, language, religion, political or other opinion, national orsocial origin, association with a national minority, property, birth orother status.

Article 15 Derogation in time of emergency1. In time of war or other public emergency threatening the life of

the nation any High Contracting Party may take measures derogatingfrom its obligations under this Convention to the extent strictly requiredby the exigencies of the situation, provided that such measures are notinconsistent with its other obligations under international law.

2. No derogation from Article 2, except in respect of deaths resultingfrom lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shallbe made under this provision.

3. Any High Contracting Party availing itself of this right ofderogation shall keep the Secretary General of the Council of Europefully informed of the measures which it has taken and the reasonstherefor. It shall also inform the Secretary General of the Council ofEurope when such measures have ceased to operate and the provisionsof the Convention are again being fully executed.

Article 16 Restrictions on political activity of aliensNothing in Articles 10, 11 and 14 shall be regarded as preventing

the High Contracting Parties from imposing restrictions on the politicalactivity of aliens.

Article 17 Prohibition of abuse of rightsNothing in this Convention may be interpreted as implying for any

State, group or person any right to engage in any activity or performany act aimed at the destruction of any of the rights and freedoms setforth herein or at their limitation to a greater extent than is provided forin the Convention.

Article 18 Limitation on use of restrictions on rightsThe restrictions permitted under this Convention to the said rights

and freedoms shall not be applied for any purpose other than those forwhich they have been prescribed.


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Section II European Court of Human RightsArticle 19 Establishment of the Court

To ensure the observance of the engagements undertaken by the HighContracting Parties in the Convention and the Protocols thereto, thereshall be set up a European Court of Human Rights, hereinafter referredto as “the Court”. It shall function on a permanent basis.

Article 20 Number of judgesThe Court shall consist of a number of judges equal to that of the

High Contracting Parties.

Article 21 Criteria for officeThe judges shall be of high moral character and must either possess

the qualifications required for appointment to high judicial office or bejurisconsults of recognised competence.

The judges shall sit on the Court in their individual capacity.During their term of office the judges shall not engage in any activity

which is incompatible with their independence, impartiality or withthe demands of a full-time office; all questions arising from theapplication of this paragraph shall be decided by the Court.

Article 22 Election of judgesThe judges shall be elected by the Parliamentary Assembly with

respect to each High Contracting Party by a majority of votes cast froma list of three candidates nominated by the High Contracting Party.

The same procedure shall be followed to complete the Court in theevent of the accession of new High Contracting Parties and in fillingcasual vacancies.

Article 23 Terms of officeThe judges shall be elected for a period of six years. They may be

re-elected. However, the terms of office of one-half of the judges electedat the first election shall expire at the end of three years.

The judges whose terms of office are to expire at the end of theinitial period of three years shall be chosen by lot by the SecretaryGeneral of the Council of Europe immediately after their election.

In order to ensure that, as far as possible, the terms of office of one-half of the judges are renewed every three years, the ParliamentaryAssembly may decide, before proceeding to any subsequent election,that the term or terms of office of one or more judges to be electedshall be for a period other than six years but not more than nine and notless than three years.

In cases where more than one term of office is involved and wherethe Parliamentary Assembly applies the preceding paragraph, theallocation of the terms of office shall be effected by a drawing of lotsby the Secretary General of the Council of Europe immediately afterthe election.

A judge elected to replace a judge whose term of office has notexpired shall hold office for the remainder of his predecessor’s term.The terms of office of judges shall expire when they reach the age of70. The judges shall hold office until replaced. They shall, however,continue to deal with such cases as they already have underconsideration.

Article 24 DismissalNo judge may be dismissed from his office unless the other judges

decide by a majority of two-thirds that he has ceased to fulfil the requiredconditions.

Article 25 Registry and legal secretariesThe Court shall have a registry, the functions and organisation of

which shall be laid down in the rules of the Court. The Court shall beassisted by legal secretaries.

Article 26 Plenary CourtThe plenary Court shall:

- elect its President and one or two Vice-Presidents for a period ofthree years; they may be re-elected;

- set up Chambers, constituted for a fixed period of time;- elect the Presidents of the Chambers of the Court; they may be re-

elected;- adopt the rules of the Court, and- elect the Registrar and one or more Deputy Registrars.

Article 27 Committees, Chambers and Grand ChamberTo consider cases brought before it, the Court shall sit in committees

of three judges, in Chambers of seven judges and in a Grand Chamberof seventeen judges. The Court’s Chambers shall set up committees fora fixed period of time.

There shall sit as an ex officio member of the Chamber and the GrandChamber the judge elected in respect of the State Party concerned or, ifthere is none or if he is unable to sit, a person of its choice who shall sitin the capacity of judge.

The Grand Chamber shall also include the President of the Court,the Vice-Presidents, the Presidents of the Chambers and other judgeschosen in accordance with the rules of the Court. When a case is referredto the Grand Chamber under Article 43, no judge from the Chamberwhich rendered the judgment shall sit in the Grand Chamber, with theexception of the President of the Chamber and the judge who sat inrespect of the State Party concerned.

Article 28 Declarations of inadmissibility by committeesA committee may, by a unanimous vote, declare inadmissible or strike

out of its list of cases an application submitted under Article 34 wheresuch a decision can be taken without further examination. The decisionshall be final.

Article 29 Decisions by Chambers on admissibility and meritsIf no decision is taken under Article 28, a Chamber shall decide on

the admissibility and merits of individual applications submitted underArticle 34.

A Chamber shall decide on the admissibility and merits of inter-State applications submitted under Article 33.The decision on admissibility shall be taken separately unless the Court,in exceptional cases, decides otherwise.

Article 30 Relinquishment of jurisdiction to the Grand ChamberWhere a case pending before a Chamber raises a serious question

affecting the interpretation of the Convention or the protocols thereto,or where the resolution of a question before the Chamber might have aresult inconsistent with a judgment previously delivered by the Court,the Chamber may, at any time before it has rendered its judgment,relinquish jurisdiction in favour of the Grand Chamber, unless one ofthe parties to the case objects.

Article 31 Powers of the Grand ChamberThe Grand Chamber shall:

- determine applications submitted either under Article 33 or Article34 when a Chamber has relinquished jurisdiction under Article 30 orwhen the case has been referred to it under Article 43; andconsider requests for advisory opinions submitted under Article 47.

Article 32 Jurisdiction of the CourtThe jurisdiction of the Court shall extend to all matters concerning

the interpretation and application of the Convention and the protocolsthereto which are referred to it as provided in Articles 33, 34 and 47.

In the event of dispute as to whether the Court has jurisdiction, theCourt shall decide.

Article 33 Inter-State casesAny High Contracting Party may refer to the Court any alleged breach

of the provisions of the Convention and the protocols thereto by anotherHigh Contracting Party.

Article 34 Individual applicationsThe Court may receive applications from any person, non-

governmental organisation or group of individuals claiming to be thevictim of a violation by one of the High Contracting Parties of therights set forth in the Convention or the protocols thereto. The HighContracting Parties undertake not to hinder in any way the effectiveexercise of this right.

Article 35 Admissibility criteriaThe Court may only deal with the matter after all domestic remedies

have been exhausted, according to the generally recognised rules ofinternational law, and within a period of six months from the date onwhich the final decision was taken.


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The Court shall not deal with any application submitted under Article34 that:

is anonymous; or is substantially the same as a matter that has alreadybeen examined by the Court or has already been submitted to anotherprocedure of international investigation or settlement and contains norelevant new information.

The Court shall declare inadmissible any individual applicationsubmitted under Article 34 which it considers incompatible with theprovisions of the Convention or the protocols thereto, manifestly ill-founded, or an abuse of the right of application.

The Court shall reject any application which it considers inadmissibleunder this Article. It may do so at any stage of the proceedings.

Article 36 Third party interventionIn all cases before a Chamber or the Grand Chamber, a High

Contracting Party one of whose nationals is an applicant shall have theright to submit written comments and to take part in hearings.

The President of the Court may, in the interest of the properadministration of justice, invite any High Contracting Party which isnot a party to the proceedings or any person concerned who is not theapplicant to submit written comments or take part in hearings.

Article 37 Striking out applicationsThe Court may at any stage of the proceedings decide to strike an

application out of its list of cases where the circumstances lead to theconclusion that:- the applicant does not intend to pursue his application; or- the matter has been resolved; orfor any other reason established by the Court, it is no longer justifiedto continue the examination of the application.

However, the Court shall continue the examination of the applicationif respect for human rights as defined in the Convention and theprotocols thereto so requires.

The Court may decide to restore an application to its list of cases ifit considers that the circumstances justify such a course.

Article 38 Examination of the case and friendly settlementproceedings

If the Court declares the application admissible, it shall:- pursue the examination of the case, together with the representativesof the parties, and if need be, undertake an investigation, for the effectiveconduct of which the States concerned shall furnish all necessaryfacilities;- place itself at the disposal of the parties concerned with a view tosecuring a friendly settlement of the matter on the basis of respect forhuman rights as defined in the Convention and the protocols thereto.

Proceedings conducted under paragraph 1.b shall be confidential.

Article 39 Finding of a friendly settlementIf a friendly settlement is effected, the Court shall strike the case out

of its list by means of a decision which shall be confined to a briefstatement of the facts and of the solution reached.

Article 40 Public hearings and access to documentsHearings shall be in public unless the Court in exceptional

circumstances decides otherwise.Documents deposited with the Registrar shall be accessible to the

public unless the President of the Court decides otherwise.

Article 41 Just satisfactionIf the Court finds that there has been a violation of the Convention

or the protocols thereto, and if the internal law of the High ContractingParty concerned allows only partial reparation to be made, the Courtshall, if necessary, afford just satisfaction to the injured party.

Article 42 Judgments of ChambersJudgments of Chambers shall become final in accordance with the

provisions of Article 44, paragraph 2.

Article 43 Referral to the Grand ChamberWithin a period of three months from the date of the judgment of the

Chamber, any party to the case may, in exceptional cases, request thatthe case be referred to the Grand Chamber.

A panel of five judges of the Grand Chamber shall accept the requestif the case raises a serious question affecting the interpretation orapplication of the Convention or the protocols thereto, or a serious issueof general importance.

If the panel accepts the request, the Grand Chamber shall decide thecase by means of a judgment.

Article 44 Final judgmentsThe judgment of the Grand Chamber shall be final.The judgment of a Chamber shall become final:

- when the parties declare that they will not request that the case bereferred to the Grand Chamber; or- three months after the date of the judgment, if reference of the caseto the Grand Chamber has not been requested; orwhen the panel of the Grand Chamber rejects the request to referunder Article 43.

The final judgment shall be published.

Article 45 Reasons for judgments and decisionsReasons shall be given for judgments as well as for decisions

declaring applications admissible or inadmissible.If a judgment does not represent, in whole or in part, the unanimous

opinion of the judges, any judge shall be entitled to deliver a separateopinion.

Article 46 Binding force and execution of judgmentsThe High Contracting Parties undertake to abide by the final

judgment of the Court in any case to which they are parties.The final judgment of the Court shall be transmitted to the Committee

of Ministers, which shall supervise its execution.

Article 47 Advisory opinionsThe Court may, at the request of the Committee of Ministers, give

advisory opinions on legal questions concerning the interpretation ofthe Convention and the protocols thereto.

Such opinions shall not deal with any question relating to the contentor scope of the rights or freedoms defined in Section I of the Conventionand the protocols thereto, or with any other question which the Courtor the Committee of Ministers might have to consider in consequenceof any such proceedings as could be instituted in accordance with theConvention.

Decisions of the Committee of Ministers to request an advisoryopinion of the Court shall require a majority vote of the representativesentitled to sit on the Committee.

Article 48 Advisory jurisdiction of the CourtThe Court shall decide whether a request for an advisory opinion

submitted by the Committee of Ministers is within its competence asdefined in Article 47.

Article 49 Reasons for advisory opinionsReasons shall be given for advisory opinions of the Court.If the advisory opinion does not represent, in whole or in part, the

unanimous opinion of the judges, any judge shall be entitled to delivera separate opinion.

Advisory opinions of the Court shall be communicated to theCommittee of Ministers.

Article 50 Expenditure on the CourtThe expenditure on the Court shall be borne by the Council of Europe.

Article 51 Privileges and immunities of judgesThe judges shall be entitled, during the exercise of their

functions, to the privileges and immunities provided for in Article 40of the Statute of the Council of Europe and in the agreements madethereunder.


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Section III Miscellaneous provisionsArticle 52 Inquiries by the Secretary General1

On receipt of a request from the Secretary General of theCouncil of Europe any High Contracting Party shall furnish anexplanation of the manner in which its internal law ensures theeffective implementation of any of the provisions of the Convention.

Article 53 Safeguard for existing human rightsNothing in this Convention shall be construed as limiting

or derogating from any of the human rights and fundamentalfreedoms which may be ensured under the laws of any HighContracting Party or under any other agreement to which it is a Party.

Article 54 Powers of the Committee of MinistersNothing in this Convention shall prejudice the powers

conferred on the Committee of Ministers by the Statute of theCouncil of Europe.

Article 55 Exclusion of other means of dispute settlementThe High Contracting Parties agree that, except by special

agreement, they will not avail themselves of treaties, conventions ordeclarations in force between them for the purpose of submitting, byway of petition, a dispute arising out of the interpretation orapplication of this Convention to a means of settlement other thanthose provided for in this Convention.

Article 56 Territorial applicationAny State may at the time of its ratification or at any time

thereafter declare by notification addressed to the Secretary Generalof the Council of Europe that the present Convention shall, subject toparagraph 4 of this Article, extend to all or any of the territories forwhose international relations it is responsible.

The Convention shall extend to the territory or territories namedin the notification as from the thirtieth day after the receipt of thisnotification by the Secretary General of the Council of Europe.The provisions of this Convention shall be applied in such territorieswith due regard, however, to local requirements.

Any State which has made a declaration in accordance with paragraph1 of this article may at any time thereafter declare on behalf of one ormore of the territories to which the declaration relates that it acceptsthe competence of the Court to receive applications from individuals,non-governmental organisations or groups of individuals as providedby Article 34 of the Convention.

Article 57 ReservationsAny State may, when signing this Convention or when depositing

its instrument of ratification, make a reservation in respect of anyparticular provision of the Convention to the extent that any law thenin force in its territory is not in conformity with the provision.Reservations of a general character shall not be permitted under thisarticle.

Any reservation made under this article shall contain a brief statementof the law concerned.

Article 58 DenunciationA High Contracting Party may denounce the present Convention

only after the expiry of five years from the date on which it became aparty to it and after six months’ notice contained in a notificationaddressed to the Secretary General of the Council of Europe, who shallinform the other High Contracting Parties.

Such a denunciation shall not have the effect of releasing the HighContracting Party concerned from its obligations under this Conventionin respect of any act which, being capable of constituting a violation ofsuch obligations, may have been performed by it before the date atwhich the denunciation became effective.

Any High Contracting Party which shall cease to be a member ofthe Council of Europe shall cease to be a Party to this Convention underthe same conditions.

The Convention may be denounced in accordance with the provisionsof the preceding paragraphs in respect of any territory to which it hasbeen declared to extend under the terms of Article 56.

Article 59 Signature and ratificationThis Convention shall be open to the signature of the members of

the Council of Europe. It shall be ratified. Ratifications shall bedeposited with the Secretary General of the Council of Europe.

The present Convention shall come into force after the deposit often instruments of ratification.

As regards any signatory ratifying subsequently, the Convention shallcome into force at the date of the deposit of its instrument of ratification.

The Secretary General of the Council of Europe shall notify all themembers of the Council of Europe of the entry into force of theConvention, the names of the High Contracting Parties who have ratifiedit, and the deposit of all instruments of ratification which may be effectedsubsequently.

Heading added according to the provisions of Protocol No. 11.New Section II according to the provisions of Protocol No. 11.The articles of Section II are renumbered according to the provisionsof Protocol No. 11.

Text amended according to the provisions of Protocol No. 11.Renumbering as follows:

Articles Related articlesaccording to according toProt. No. 11 subject original treaty

Article 19 Establishment of the Court Article 19.2Article 20 Number of judges Article 38Article 21 Criteria for office Article 39.3+40Article 22 Election of judges Article 39Article 23 Terms of office Article 40Article 24 DismissalArticle 25 Registry and legal servicesArticle 26 Plenary Court Article 41 +43Article 27 Committees, Chambers etc.Article 28 Declarations of inadmissibilityArticle 29 Admissibility and meritsArticle 30 Reference to Grand ChamberArticle 31 Powers of the Grand ChamberArticle 32 Jurisdiction of the Court Article 45Article 33 Inter-State cases Article 44+ 48Article 34 Individual applications Article 25+ 44Article 35 Admissibility criteria Article 27 +26Article 36 Third-party interventionArticle 37 Striking out applications Article 30Article 38 Examination of the case Article 28Article 39 Finding of a friendly settlement Article 47+28Article 40 Public hearings and access to docs.Article 41 Just satisfaction Article 50Article 42 Judgments of Chambers Article 52Article 43 Referral to the Grand ChamberArticle 44 Final judgments Article 52Article 45 Reasons for judgments and decisions Article 51Article 46 Binding force of judgments Article 53 + 54Article 47 Advisory opinions Protocol 2; Art. 1Article 48 Advisory jurisdiction Protocol 2; Art. 2Article 49 Reasons for adv. opinions Protocol 2; Art. 3Article 50 Expenditure on the Court Article 58Article 51 Privileges and immunities of judges Article 59Article 52 Enquiries by the Secretary General Article 57Article 53 Safeguard for existing human rights Article 60Article 54 Powers of the Committee of Ministers Article 61Article 55 Means of dispute settlement Article 62Article 56 Territorial application Article 63Article 57 Reservations Article 64Article 58 Denunciation Article 65Article 59 Signature and ratification Article 66


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2 C.1.1 PROTOCOL TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS ANDFUNDAMENTAL FREEDOMS

-signed for the Members of the Council of Europe on 20 March 1952 at Paris-opened for signature and ratification on 20 March 1952-entered into force on 18 May 1954-ratifications: 43 as per 15 July 2004

The Governments signatory hereto, being Members of the Councilof Europe,

Being resolved to take steps to ensure the collective enforcement ofcertain rights and freedoms other than those already included in SectionI of the Convention for the Protection of Human Rights and FundamentalFreedoms signed at Rome on 4 November 1950 (hereinafter referredto as “the Convention”),


Article 1 Right to propertyEvery natural or legal person is entitled to the peaceful enjoyment

of his possessions. No one shall be deprived of his possessions exceptin the public interest and subject to the conditions provided for by lawand by the general principles of international law.

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

Article 2 Right to educationNo 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 andteaching in conformity with their own religious and philosophicalconvictions.

Article 3 Right to free electionsThe High Contracting Parties undertake to hold free elections at

reasonable intervals by secret ballot, under conditions which will ensurethe free expression of the opinion of the people in the choice of thelegislature.

Article 4 Territorial applicationAny 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 towhich it undertakes that the provisions of the present Protocol shallapply to such of the territories for the international relations of which itis responsible as are named therein.

Any High Contracting Party which has communicated a declarationin virtue of the preceding paragraph may from time to time communicatea further declaration modifying the terms of any former declaration orterminating the application of the provisions of this Protocol in respectof any territory.

A declaration made in accordance with this Article shall be deemedto have been made in accordance with Paragraph (1) of Article 63 ofthe Convention.

Article 5 Relationship to the ConventionAs between the High Contracting Parties the provisions of Articles

1, 2, 3 and 4 of this Protocol shall be regarded as additional Articles tothe Convention and all the provisions of the Convention shall applyaccordingly.

Article 6 Signature and ratificationThis Protocol shall be open for signature by the Members of the

Council of Europe, who are the signatories of the Convention; it shallbe ratified at the same time as or after the ratification of the Convention.It shall enter into force after the deposit of ten instruments of ratification.As regards any signatory ratifying subsequently, the Protocol shall enterinto force at the date of the deposit of its instrument of ratification.

The instruments of ratification shall be deposited with the Secretary-General of the Council of Europe, who will notify all Members of thenames of those who have ratified.

Done at Paris on the 20th day of March 1952, in English and French,both texts being equally authentic, in a single copy which shall remaindeposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatoryGovernments.

2 C.1.1 PROTOCOL TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS ANDFUNDAMENTAL FREEDOMS

172

The Governments signatory hereto, being Members of the Councilof Europe,

Being resolved to take steps to ensure the collective enforcement ofcertain rights and freedoms other than those already included in SectionI of the Convention for the Protection of Human Rights and FundamentalFreedoms signed at Rome on 4 November 1950 (hereinafter referredto as “the Convention”) and in Articles 1 to 3 of the First Protocol tothe Convention, signed at Paris on 20th March 1952,


Article 1 Prohibition of imprisonment for debtNo one shall be deprived of his liberty merely on the ground of

inability to fulfil a contractual obligation.

Article 2 Freedom of movement1. Everyone lawfully within the territory of a State shall, within that

territory, have the right to liberty of movement and freedom to choosehis residence.

2. Everyone shall be free to leave any country, including his own.3. No restrictions shall be placed on the exercise of these rights other

than such as are in accordance with law and are necessary in ademocratic society in the interests of national security or public safety,for the maintenance of ordre public , for the prevention of crime, forthe protection of health or morals, or for the protection of the rightsand freedoms of others.

4. The rights set forth in paragraph 1 may also be subject, in particularareas, to resurrections imposed in accordance with law and justified bythe public interest in a democratic society.

Article 3 Prohibition of expulsion of nationals1. No one shall he expelled, by means either of an individual or of a

collective measure, from the territory of the State of which he is anational.

2. No one shall be deprived of the right to enter the territory of theState of which he is a national.

Article 4 Prohibition of collective expulsion of aliensCollective expulsion of aliens is prohibited.

Article 5 Territorial application1. Any High Contracting Party may, at the time of signature or

ratification of this Protocol, or at any time thereafter, communicate tothe Secretary-General of the Council of Europe a declaration statingthe extent to which it undertakes that the provisions of this Protocolshall apply to such of the territories for the international relations ofwhich it is responsible as are named therein.

2. Any High Contracting Party which has communicated a declarationin virtue of the preceding paragraph may, from time to time,communicate a further declaration modifying the terms of any formerdeclaration or terminating the application of the provisions of thisProtocol in respect of any territory.

3. A declaration made in accordance with this Article shall be deemedto have been made in accordance with paragraph 1 of Article 63 of theConvention.

4. The territory of any State to which this Protocol applies by virtueof ratification or acceptance by that State, and each territory to whichthis Protocol is applied by virtue of a declaration by that State underthis Article, shall be treated as separate territories for the purpose ofthe references in Articles 2 and 3 to the territory of a State.

2 C.1.2 PROTOCOL NO. 4 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS ANDFUNDAMENTAL FREEDOMS, SECURING CERTAIN RIGHTS AND FREEDOMS OTHER THANTHOSE INCLUDED IN THE CONVENTION AND THE FIRST PROTOCOL HERETO

-signed for the Members of the Council of Europe on 16 September 1963 at Strasbourg-opened for signature and Ratification on 16 September 1963-entered into force on 2 May 1968-ratifications, etc.: 38 as per 15 July 2004

2 C.1.2 PROTOCOL NO. 4 TO THE EUROPEAN CONVENTION SECURING ADDITIONAL RIGHTS

Article 6 Relationship to the Convention1. As between the High Contracting Parties the provisions of Articles

1 to 5 of this Protocol shall be regarded as additional articles to theConvention, and all the provisions of the Convention shall applyaccordingly.

2. Nevertheless, the right of individual recourse recognized by adeclaration made under Article 25 of the Convention, or the acceptanceof the compulsory jurisdiction of the Court by a declaration made underArticle 46 of the Convention, shall not be effective in relation to thisProtocol unless the High Contracting Party concerned has made astatement recognizing such right, or accepting such jurisdiction, inrespect of all or any of Articles 1 to 4 of the Protocol.

Article 7 Signature and ratification1. This Protocol shall be open for signature by the Members of the

Council of Europe who are the signatories of the Convention; it shallbe ratified at the same time as or after the ratification of the Convention.It shall enter into force after the deposit of five instruments ofratification. As regards any signatory ratifying subsequently, theProtocol shall enter into force at the date of the deposit of its instrumentof ratification.

2. The instruments of ratification shall be deposited with theSecretary-General of the Council of Europe, who will notify allMembers of the names of those who have ratified.

In witness whereof , the undersigned, being duly authorised thereto,have signed this Protocol.

Done at Strasbourg, this 16th day of September 1963, in Englishand in French, both texts being equally authoritative, in a single copywhich shall remain deposited in the archives of the Council of Europe.The Secretary-General shall transmit certified copies to each of thesignatory States.

173

The member States of the Council of Europe, signatory to thisProtocol to the Convention for the Protection of Human Rights andFundamental Freedoms, signed at Rome on 4 November 1950(hereinafter referred to as “the Convention”),

Considering that the evolution that has occurred in several memberStates of the Council of Europe expresses a general tendency in favourof abolition of the death penalty,


Article 1 Abolition of the death penaltyThe death penalty shall be abolished. No one shall be condemned to

such penalty or executed.

Article 2 Death penalty in time of warA State may make provision in its law for the death penalty in respect

of acts committed in time of war or of imminent threat of war suchpenalty shall be applied only in the instances laid down in the law andin accordance with its provisions. The State shall communicate to theSecretary General of the Council of Europe the relevant provisions ofthat law.

Article 3 Prohibition of derogationsNo derogation from the provisions of this Protocol shall be made

under Article 15 of the Convention.

Article 4 Prohibition of reservationsNo reservation may be made under Article 64 of the Convention in

respect of the provisions of this Protocol.

Article 5 Territorial application1. Any State may at the time of signature or when depositing its

instrument of ratification, acceptance or approval, specify the territoryor territories to which this Protocol shall apply.

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

3. Any declaration made under the two preceding paragraphs may,in respect of any territory specified in such declaration, be withdrawnby a notification addressed to the Secretary General. The withdrawalshall become effective on the first day of the month following the dateof receipt of such notification by the Secretary General.

2 C.1.3 PROTOCOL NO. 6 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS ANDFUNDAMENTAL FREEDOMS, AIMING AT THE ABOLITION OF THE DEATH PENALTY

2 C.1.3 PROTOCOL NO. 6 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS ANDFUNDAMENTAL FREEDOMS, AIMING AT THE ABOLITION OF THE DEATH PENALTY

-adopted by the Members of the Council of Europe on 28 April 1983 at Strasbourg-opened for signature and ratification on 28 April 1983-entered into force on 1 March 1985-ratifications, etc.: 44 as per 15 July 2004

Article 6 Relationship to the ConventionAs between the States Parties the provisions of Articles 1 to 5 this

Protocol shall be regarded as additional articles to the Convention andall the provisions of the Convention shall apply accordingly.

Article 7 Signature and ratificationThis Protocol shall be open for signature by the member States of

the Council of Europe, signatories to the Convention. It shall be subjectto ratification, acceptance or approval. A member State of the Councilof Europe may not ratify, accept or approve this Protocol unless it has,simultaneously or previously, ratified the Convention. Instruments ofratification, acceptance or approval shall be deposited with the SecretaryGeneral of the Council of Europe.

Article 8 Entry into force1. This Protocol shall enter into force on the first day of the month

following the date on which five member States of the Council of Europehave expressed their consent to be bound by the Protocol in accordancewith the provisions of Article 7.

2. In respect of any member State which subsequently expresses itsconsent to be bound by it, the Protocol shall enter into force on the firstday of the month following the date of the deposit of the instrument ofratification, acceptance or approval.

Article 9 Depositary functionsThe Secretary General of the Council of Europe shall notify the

member States of the Council of:a) any signature;b) the deposit of any instrument of ratification, acceptance or

approval;c) any date of entry into force of this Protocol in accordance with

Articles 5 and 8;d) any other act, notification or communication relating to this

Protocol.

In witness whereof the undersigned being duly authorizes thereto,have signed this Protocol,

Done at Strasbourg, this 28th day of April 1983, in English andFrench, both texts being equally authentic, in a single copy which shallbe deposited in the archives of the Council of Europe. The SecretaryGeneral of the Council of Europe shall transmit certified copies to eachmember States of the Council of Europe.

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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 Conventionfor the Protection of Human Rights and Fundamental Freedoms signedat Rome on 4 November 1950 (hereinafter referred to as ‘theConvention’),


Article 1 Procedural safeguards relating to expulsion of aliens1. An alien lawfully resident in the territory of a State shall not be

expelled therefrom except in pursuance of a decision reached inaccordance with law and shall be allowed:a) to submit reasons against his expulsion,b) to have his case reviewed, andc) to be represented for these purposes before the competent authorityor a person or persons designated by that authority.

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

Article 2 Right of appeal in criminal matters1. Everyone convicted of a criminal offence by a tribunal shall have

the right to have conviction or sentence reviewed by a higher tribunal.The exercise of this right, including the grounds on which it may beexercised, shall be governed by law.

2. This right may be subject to exceptions in regard to offences of aminor character, as prescribed by law, or in cases in which the personconcerned was tried in the first instance by the highest tribunal or wasconvicted following an appeal against acquittal.

Article 3 Compensation for wrongful convictionWhen a person has by a final decision been convicted of a criminal

offence and when subsequently his conviction has been reversed, or hehas been pardoned, on the ground that a new or newly discovered factshows conclusively that there has been a miscarriage of justice, theperson who has suffered punishment as a result of such conviction shallbe compensated according to the law or the practice of the Stateconcerned, unless it is proved that the non-disclosure of the unknownfact in time is wholly or partly attributable to him.

Article 4 Right not to be tried or punished twice1. No one shall be liable to be tried or punished again in criminal

proceedings under the jurisdiction of the same State for an offence forwhich he has already been finally acquitted or convicted in accordancewith the law and penal procedure of that State.

2. The provisions of the preceding paragraph shall not prevent thereopening of the case in accordance with the law and penal procedureof the State concerned, if there is evidence of new or newly discoveredfacts, or if there has been a fundamental defect in the previousproceedings, which could affect the outcome of the case.

3. No derogation from this Article shall be made under Article 15 ofthe Convention.

2 C.1.4 PROTOCOL NO.7 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS ANDFUNDAMENTAL FREEDOMS.

-adopted by the Members of the Council of Europe on 22 November 1984 at Strasbourg-opened for signature and ratification on 22 November 1984-entered into force on 1 November 1988-ratifications, etc.: 36 as per 15 July 2004. In addition, 5 States had signed but not ratified the protocol

2 C.1.4 PROTOCOL NO.7 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Article 5 Equality between spouses1. Spouses shall enjoy equality of rights and responsibilities of a

private law character between them, and in their relations with theirchildren, as to marriage, during marriage and in the event of itsdissolution. This Article shall not prevent States from taking suchmeasures as are necessary in the interests of the children.

Article 6 Territorial application1. Any State may at the time of signature or when depositing its

instrument of ratification, acceptance or approval, specify the territoryor territories to which this Protocol shall apply and state the extent towhich it undertakes that the provisions of this Protocol shall apply tosuch territory or territories.

2. Any State may at any later date, by a declaration addressed to theSecretary General of the Council of Europe, extend the application ofthis Protocol to any other territory specified in the declaration. In respectof such territory the Protocol shall enter into force on the first day ofthe month following the expiration of a period of two months after thedate of receipt by the Secretary General of such declaration.

3. Any declaration made under the two preceding paragraphs may,in respect of any territory specified in such declaration, be withdrawnor modified by a notification addressed to the Secretary General. Thewithdrawal or modification shall become effective on the first day ofthe month following the expiration of a period of two months after thedate of receipt of such notification by the Secretary General.

4. A declaration made in accordance with this Article shall be deemedto have been made in accordance with paragraph l of Article 63 of theConvention.

5. The territory of any State to which this Protocol applies by virtueof ratification, acceptance or approval by that State, and each territoryto which this Protocol is applied by virtue of a declaration by that Stateunder this Article, may be treated as separate territories for the purposeof the reference in Article l to the territory of a State.

Article 7 Relationship to the Convention1. As between the States Parties, the provisions of Articles l to 6 of

this Protocol shall be regarded as additional articles to the Convention,and all the provisions of the Convention shall apply accordingly.

2. Nevertheless, the right of individual recourse recognised by adeclaration made under Article 25 of the Convention, or the acceptanceof the compulsory jurisdiction of the Court by a declaration made underArticle 46 of the Convention, shall not be effective in relation to thisProtocol unless the State concerned has made a statement recognisingsuch right, or accepting such jurisdiction in respect of Articles l to 5 ofthis Protocol.

Article 8 Signature and ratification

Article 9 Entry into force

Article 10 Depositary functions

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2 C.1.5 PROTOCOL NO. 12 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTSAND FUNDAMENTAL FREEDOMS

-signed for the Members of the Council of Europe on 4 November 2000 at Rome-opened for signature and ratification on 4 November 2000-not yet entered into force-ratifications, etc.: 6 as per 15 July 2004. In addition, 27 states have signed but not yet ratified the protocol

The member States of the Council of Europe signatory hereto,Having regard to the fundamental principle according to which all

persons are equal before the law and are entitled to the equal protectionof the law;

Being resolved to take further steps to promote the equality of allpersons through the collective enforcement of a general prohibition ofdiscrimination by means of the Convention for the Protection of HumanRights and Fundamental Freedoms signed at Rome on 4 November1950 (hereinafter referred to as “the Convention”);

Reaffirming that the principle of non-discrimination does not preventStates Parties from taking measures in order to promote full and effectiveequality, provided that there is an objective and reasonable justificationfor those measures,


Article 1 General prohibition of discrimination1. The enjoyment of any right set forth by law shall be secured without

discrimination on any ground such as sex, race, colour, language,religion, political or other opinion, national or social origin, associationwith a national minority, property, birth or other status.

2. No one shall be discriminated against by any public authority onany ground such as those mentioned in paragraph 1.

Article 2 Territorial application1. Any State may, at the time of signature or when depositing its


2. Any State may at any later date, by a declaration addressed to theSecretary General of the Council of Europe, extend the application ofthis Protocol to any other territory specified in the declaration. In respectof such territory the Protocol shall enter into force on the first day ofthe month following the expiration of a period of three months afterthe date of receipt by the Secretary General of such declaration.

3. Any declaration made under the two preceding paragraphs may,in respect of any territory specified in such declaration, be withdrawnor modified by a notification addressed to the Secretary General of theCouncil of Europe. The withdrawal or modification shall becomeeffective on the first day of the month following the expiration of aperiod of three months after the date of receipt of such notification bythe Secretary General.

4. A declaration made in accordance with this article shall be deemedto have been made in accordance with paragraph 1 of Article 56 of theConvention.

5. Any State which has made a declaration in accordance withparagraph 1 or 2 of this article may at any time thereafter declare onbehalf of one or more of the territories to which the declaration relatesthat it accepts the competence of the Court to receive applications fromindividuals, non-governmental organisations or groups of individualsas provided by Article 34 of the Convention in respect of Article 1 ofthis Protocol.

Article 3 Relationship to the ConventionAs between the States Parties, the provisions of Articles 1 and 2 of

this Protocol shall be regarded as additional articles to the Convention,and all the provisions of the Convention shall apply accordingly.

Article 4 Signature and ratificationThis Protocol shall be open for signature by member States of the

Council of Europe which have signed the Convention. It is subject toratification, acceptance or approval. A member State of the Council ofEurope may not ratify, accept or approve this Protocol withoutpreviously or simultaneously ratifying the Convention. Instruments ofratification, acceptance or approval shall be deposited with the SecretaryGeneral of the Council of Europe.

Article 5 Entry into force1. This Protocol shall enter into force on the first day of the month

following the expiration of a period of three months after the date onwhich ten member States of the Council of Europe have expressed theirconsent to be bound by the Protocol in accordance with the provisionsof Article 4.

2. In respect of any member State which subsequently expresses itsconsent to be bound by it, the Protocol shall enter into force on the firstday of the month following the expiration of a period of three monthsafter the date of the deposit of the instrument of ratification, acceptanceor approval.

Article 6 Depositary functionsThe Secretary General of the Council of Europe shall notify all the

member States of the Council of Europe of:a) any signature;b) the deposit of any instrument of ratification, acceptance or

approval;c) any date of entry into force of this Protocol in accordance withArticles 2 and 5;d) any other act, notification or communication relating to this

Protocol.

In witness whereof the undersigned, being duly authorised thereto, havesigned this Protocol.

Done at Rome, this 4th day of November 2000, in English and in French,both texts being equally authentic, in a single copy which shall bedeposited in the archives of the Council of Europe. The SecretaryGeneral of the Council of Europe shall transmit certified copies to eachmember State of the Council of Europe.

2 C.1.5 PROTOCOL NO. 12 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

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2 C.1.6 PROTOCOL NO. 13 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS ANDFUNDAMENTAL FREEDOMS, CONCERNING THE ABOLITION OF THE DEATH PENALTY INALL CIRCUMSTANCES

-adopted by the Members of the Council of Europe in Vilnius, on 3 May 2002-opened for signature and ratification on 3 May 2002-entered into force on 1 July 2003-ratifications, etc.: 24 as per 15 July 2004. In addition, 18 States had signed but not ratified the protocol

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 theprotection of this right and for the full recognition of the inherent dignityof all human beings;

Wishing to strengthen the protection of the right to life guaranteedby the Convention for the Protection of Human Rights and FundamentalFreedoms signed at Rome on 4 November 1950 (hereinafter referredto as “the Convention”);

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

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


Article 1 Abolition of the death penaltyThe death penalty shall be abolished. No one shall be condemned to

such penalty or executed.

Article 2 Prohibition of derogationsNo derogation from the provisions of this Protocol shall be made

under Article 15 of the Convention.

Article 3 Prohibition of reservationsNo reservation may be made under Article 57 of the Convention in

respect of the provisions of this Protocol.

Article 4 Territorial application1. Any State may, at the time of signature or when depositing its


2. Any State may at any later date, by a declaration addressed to theSecretary General of the Council of Europe, extend the application ofthis Protocol to any other territory specified in the declaration. In respectof such territory the Protocol shall enter into force on the first day ofthe month following the expiration of a period of three months afterthe date of receipt of such declaration by the Secretary General.

3. Any declaration made under the two preceding paragraphs may,in respect of any territory specified in such declaration, be withdrawnor modified by a notification addressed to the Secretary General. Thewithdrawal or modification shall become effective on the first day ofthe month following the expiration of a period of three months afterthe date of receipt of such notification by the Secretary General.

Article 5 Relationship to the ConventionAs between the States Parties the provisions of Articles 1 to 4 of this

Protocol shall be regarded as additional articles to the Convention, andall the provisions of the Convention shall apply accordingly.

Article 6 Signature and ratificationThis Protocol shall be open for signature by member States of the

Council of Europe which have signed the Convention. It is subject toratification, acceptance or approval. A member State of the Council ofEurope may not ratify, accept or approve this Protocol withoutpreviously or simultaneously ratifying the Convention. Instruments ofratification, acceptance or approval shall be deposited with the SecretaryGeneral of the Council of Europe.

Article 7 Entry into force1 This Protocol shall enter into force on the first day of the month

following the expiration of a period of three months after the date onwhich ten member States of the Council of Europe have expressed theirconsent to be bound by the Protocol in accordance with the provisionsof Article 6.

2 In respect of any member State which subsequently expresses itsconsent to be bound by it, the Protocol shall enter into force on the firstday of the month following the expiration of a period of three monthsafter the date of the deposit of the instrument of ratification, acceptanceor approval.

Article 8 Depositary functionsThe Secretary General of the Council of Europe shall notify all the

member States of the Council of Europe of:a) any signature;b) the deposit of any instrument of ratification, acceptance or

approval;c) any date of entry into force of this Protocol in accordance with

Articles 4 and 7;d) any other act, notification or communication relating to this

Protocol.

In witness whereof the undersigned, being duly authorised thereto,have signed this Protocol.

Done at Vilnius, this 3 May 2002, in English and in French, bothtexts being equally authentic, in a single copy which shall be depositedin the archives of the Council of Europe. The Secretary General of theCouncil of Europe shall transmit certified copies to each member Stateof the Council of Europe.

2 C.1.6 PROTOCOL NO. 13 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTALFREEDOMS, CONCERNING THE ABOLITION OF THE DEATH PENALTY IN ALL CIRCUMSTANCES

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2 C.1.7 PROTOCOL NO. 14 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS ANDFUNDAMENTAL FREEDOMS, AMENDING THE CONTROL SYSTEM OF THE CONVENTION

-adopted by the Members of the Council of Europe in Strasbourg on 13 May 2004-opened for signature and ratification on 13 May 2004-not yet entered into force-ratifications, etc.: 0, as per 15 July 2004. In addition, 18 States had signed but not ratified the protocol

PreambleThe member States of the Council of Europe , signatories to this

Protocol to the Convention for the Protection of Human Rights andFundamental Freedoms, signed at Rome on 4 November 1950(hereinafter referred to as “the Convention”),

Having regard to Resolution No. 1 and the Declaration adopted atthe European Ministerial Conference on Human Rights, held in Romeon 3 and 4 November 2000;

Having regard to the Declarations adopted by the Committee ofMinisters on 8 November 2001, 7 November 2002 and 15 May 2003,at their 109th, 111th and 112th Sessions, respectively;

Having regard to Opinion No. 251 (2004) adopted by theParliamentary Assembly of the Council of Europe on 28 April 2004;

Considering the urgent need to amend certain provisions of theConvention in order to maintain and improve the efficiency of thecontrol system for the long term, mainly in the light of the continuingincrease in the workload of the European Court of Human Rights andthe Committee of Ministers of the Council of Europe;

Considering, in particular, the need to ensure that the Court cancontinue to play its pre-eminent role in protecting human rights inEurope, Have agreed as follows:

Article 1 [delete sub article on election of judges]Paragraph 2 of Article 22 of the Convention shall be deleted.

Article 2 [amend terms of office of judges]Article 23 of the Convention shall be amended to read as follows:“Article 23 - Terms of office and dismissal1 The judges shall be elected for a period of nine years. They may

not be re-elected.2 The terms of office of judges shall expire when they reach the

age of 70.3 The judges shall hold office until replaced. They shall, however,

continue to deal with such cases as they already have underconsideration.

4 No judge may be dismissed from office unless the other judgesdecide by a majority of two-thirds that that judge has ceased to fulfilthe required conditions.”

Article 3 [delete article on dismissal of judges]Article 24 of the Convention shall be deleted.

Article 4 [amend article on registry and legal secretaries]Article 25 of the Convention shall become Article 24 and its text

shall be amended to read as follows:“Article 24 - Registry and rapporteurs1 The Court shall have a registry, the functions and organisation of

which shall be laid down in the rules of the Court.2 When sitting in a single-judge formation, the Court shall be

assisted by rapporteurs who shall function under the authority of thePresident of the Court. They shall form part of the Court’s registry.”

Article 5 [amend article on Plenary Court]Article 26 of the Convention shall become Article 25 (“Plenary

Court”) and its text shall be amended as follows:1 At the end of paragraph d, the comma shall be replaced by a

semi-colon and the word “and” shall be deleted.2 At the end of paragraph e, the full stop shall be replaced by a

semi-colon.3 A new paragraph f shall be added which shall read as follows:“f)make any request under Article 26, paragraph 2.”

Article 6 [amend article on Committee, Chambers, etc]Article 27 of the Convention shall become Article 26 and its text

shall be amended to read as follows:“Article 26 - Single-judge formation, committees, Chambers and

Grand Chamber1 To consider cases brought before it, the Court shall sit in a single-

judge formation, in committees of three judges, in Chambers of sevenjudges and in a Grand Chamber of seventeen judges. The Court’sChambers shall set up committees for a fixed period of time.

2 At the request of the plenary Court, the Committee of Ministersmay, by a unanimous decision and for a fixed period, reduce to five thenumber of judges of the Chambers.

3 When sitting as a single judge, a judge shall not examine anyapplication against the High Contracting Party in respect of which thatjudge has been elected.

4 There shall sit as an ex officio member of the Chamber and theGrand Chamber the judge elected in respect of the High ContractingParty concerned. If there is none or if that judge is unable to sit, aperson chosen by the President of the Court from a list submitted inadvance by that Party shall sit in the capacity of judge.

5 The Grand Chamber shall also include the President of the Court,the Vice-Presidents, the Presidents of the Chambers and other judgeschosen in accordance with the rules of the Court. When a case is referredto the Grand Chamber under Article 43, no judge from the Chamberwhich rendered the judgment shall sit in the Grand Chamber, with theexception of the President of the Chamber and the judge who sat inrespect of the High Contracting Party concerned.”

Article 7 [add new article on competence of single judges]After the new Article 26, a new Article 27 shall be inserted into the

Convention, which shall read as follows:“Article 27 - Competence of single judges1 A single judge may declare inadmissible or strike out of the

Court’s list of cases an application submitted under Article 34, wheresuch a decision can be taken without further examination.

2 The decision shall be final.3 If the single judge does not declare an application inadmissible

or strike it out, that judge shall forward it to a committee or to a Chamberfor further examination.”

Article 8 [amend article on declarations of inadmissibility]Article 28 of the Convention shall be amended to read as follows:“Article 28 - Competence of committees1 In respect of an application submitted under Article 34, a

committee may, by a unanimous vote,a) declare it inadmissible or strike it out of its list of cases, where suchdecision can be taken without further examination; orb) declare it admissible and render at the same time a judgment on themerits, if the underlying question in the case, concerning theinterpretation or the application of the Convention or the Protocolsthereto, is already the subject of well-established case-law of the Court.

2 Decisions and judgments under paragraph 1 shall be final.3 If the judge elected in respect of the High Contracting Party

concerned is not a member of the committee, the committee may atany stage of the proceedings invite that judge to take the place of oneof the members of the committee, having regard to all relevant factors,including whether that Party has contested the application of theprocedure under paragraph 1.b)”

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Article 9 [amend article on decision by Chambers on admissibil-ity and merits]

Article 29 of the Convention shall be amended as follows:1 Paragraph 1 shall be amended to read as follows: “If no decision

is taken under Article 27 or 28, or no judgment rendered under Article28, a Chamber shall decide on the admissibility and merits of individualapplications submitted under Article 34. The decision on admissibilitymay be taken separately.”

2 At the end of paragraph 2 a new sentence shall be added whichshall read as follows: “The decision on admissibility shall be takenseparately unless the Court, in exceptional cases, decides otherwise.”

3 Paragraph 3 shall be deleted.

Article 10 [amend article on powers of the grand chamber]Article 31 of the Convention shall be amended as follows:1 At the end of paragraph a, the word “and” shall be deleted.2 Paragraph b shall become paragraph c and a new paragraph b

shall be inserted and shall read as follows:“b) decide on issues referred to the Court by the Committee of

Ministers in accordance with Article 46, paragraph 4; and”.

Article 11 [amend article on jurisdiction of the court]Article 32 of the Convention shall be amended as follows:At the end of paragraph 1, a comma and the number 46 shall be

inserted after the number 34.

Article 12 [amend article on admissibility criteria]Paragraph 3 of Article 35 of the Convention shall be amended to

read as follows:“3 The Court shall declare inadmissible any individual application

submitted under Article 34 if it considers that :a) the application is incompatible with the provisions of the Conventionor the Protocols thereto, manifestly ill-founded, or an abuse of the rightof individual application; orb) the applicant has not suffered a significant disadvantage, unlessrespect for human rights as defined in the Convention and the Protocolsthereto requires an examination of the application on the merits andprovided that no case may be rejected on this ground which has notbeen duly considered by a domestic tribunal.”

Article 13 [add to article on third party intervention]A new paragraph 3 shall be added at the end of Article 36 of the

Convention, which shall read as follows:“3 In all cases before a Chamber or the Grand Chamber, the Council

of Europe Commissioner for Human Rights may submit writtencomments and take part in hearings.”

Article 14 [limit article 38 to examination of the case]Article 38 of the Convention shall be amended to read as follows:“Article 38 - Examination of the caseThe Court shall examine the case together with the representatives

of the parties and, if need be, undertake an investigation, for the effectiveconduct of which the High Contracting Parties concerned shall furnishall necessary facilities.”

Article 15 [expand article 39 on finding of a friendly settlement]Article 39 of the Convention shall be amended to read as follows:“Article 39 - Friendly settlements1 At any stage of the proceedings, the Court may place itself at the

disposal of the parties concerned with a view to securing a friendlysettlement of the matter on the basis of respect for human rights asdefined in the Convention and the Protocols thereto.

2 Proceedings conducted under paragraph 1 shall be confidential.3 If a friendly settlement is effected, the Court shall strike the case

out of its list by means of a decision which shall be confined to a briefstatement of the facts and of the solution reached.

4 This decision shall be transmitted to the Committee of Ministers,which shall supervise the execution of the terms of the friendlysettlement as set out in the decision.”

Article 16 [expand the article on execution of judgments]Article 46 of the Convention shall be amended to read as follows:“Article 46 - Binding force and execution of judgments

1 The High Contracting Parties undertake to abide by the finaljudgment of the Court in any case to which they are parties.

2 The final judgment of the Court shall be transmitted to theCommittee of Ministers, which shall supervise its execution.

3 If the Committee of Ministers considers that the supervision ofthe execution of a final judgment is hindered by a problem ofinterpretation of the judgment, it may refer the matter to the Court fora ruling on the question of interpretation. A referral decision shall requirea majority vote of two thirds of the representatives entitled to sit on theCommittee.

4 If the Committee of Ministers considers that a High ContractingParty refuses to abide by a final judgment in a case to which it is aparty, it may, after serving formal notice on that Party and by decisionadopted by a majority vote of two thirds of the representatives entitledto sit on the Committee, refer to the Court the question whether thatParty has failed to fulfil its obligation under paragraph 1.

5 If the Court finds a violation of paragraph 1, it shall refer thecase to the Committee of Ministers for consideration of the measuresto be taken. If the Court finds no violation of paragraph 1, it shall referthe case to the Committee of Ministers, which shall close its examinationof the case.”

Article 17 [add possibility that the European Union accedes to theConvention]

Article 59 of the Convention shall be amended as follows:1 A new paragraph 2 shall be inserted which shall read as follows:

“2The European Union may accede to this Convention.”2 Paragraphs 2, 3 and 4 shall become paragraphs 3, 4 and 5

respectively.

Article 18 [signature and ratification]1 This Protocol shall be open for signature by member States of

the Council of Europe signatories to the Convention, which may expresstheir consent to be bound bya) signature without reservation as to ratification, acceptance orapproval; orb) signature subject to ratification, acceptance or approval, followedby ratification, acceptance or approval.

2 The instruments of ratification, acceptance or approval shall bedeposited with the Secretary General of the Council of Europe.

Article 19 [entry into force]This Protocol shall enter into force on the first day of the month

following the expiration of a period of three months after the date onwhich all Parties to the Convention have expressed their consent to bebound by the Protocol, in accordance with the provisions of Article 18.

Article 20 [application of protocol after entry into force]1 From the date of the entry into force of this Protocol, its provisions

shall apply to all applications pending before the Court as well as to alljudgments whose execution is under supervision by the Committee ofMinisters.

2 The new admissibility criterion inserted by Article 12 of thisProtocol in Article 35, paragraph 3.b of the Convention, shall not applyto applications declared admissible before the entry into force of theProtocol. In the two years following the entry into force of this Protocol,the new admissibility criterion may only be applied by Chambers andthe Grand Chamber of the Court.

Article 21 [transition arrangement]The term of office of judges serving their first term of office on the

date of entry into force of this Protocol shall be extended ipso jure soas to amount to a total period of nine years. The other judges shallcomplete their term of office, which shall be extended ipso jure by twoyears.

Article 22 [depositary functions]The Secretary General of the Council of Europe shall notify the

member States of the Council of Europe of:a) any signature;b) the deposit of any instrument of ratification, acceptance or approval;c) the date of entry into force of this Protocol in accordance with Article19; andd) any other act, notification or communication relating to this Protocol.

2 C.1.7 PROTOCOL NO. 14 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTSAND FUNDAMENTAL FREEDOMS, AMENDING THE CONTROL SYSTEM OF THE CONVENTION

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2 C.1.8 INFORMATION ON PROTOCOLS TO THE CONVENTION FOR THE PROTECTION OF HUMANRIGHTS AND FUNDAMENTAL FREEDOMS, NOT INCLUDED SEPARATELY

Protocol no. 2-signed for the Members of the Council of Europe on 6 May 1963 at Strasbourg-opened for signature and ratification on 6 May 1963-entered into force on 21 September 1970. Ratified by 40 states

The Protocol conferred upon the Court the competence to give advisory opinionsThe Protocol has been integrated in the convention as a result of protocol no. 11 as follows:

-Protocol 2, Article 1 became: Article 47 - Advisory opinions-Protocol 2, Article 2 became: Article 48 - Advisory jurisdiction of the Court-Protocol 2, Article 3 became: Article 49 - Reasons for advisory opinions

Protocol no. 3-signed for the Members of the Council of Europe on 6 May 1963 at Strasbourg-opened for signature and ratification on 6 May 1963-entered into force on 21 September 1970. Ratified by 40 states.

Protocol 3 amended the articles 29, 30 and 34. of the old Convention: This changed the procedure for the examinationof petitions. The establishment of sub-commissions of the Commission was abolished.

Protocol no. 5-signed for the Members of the Council of Europe on 20 January 1966 at Strasbourg-opened for signature and ratification on 20 January 1966-entered into force on 20 December 1971. Ratified by 40 states.

Protocol 5 amended the following articles of the old convention:-22. amending the terms of office of the members of the Commission in order to improve continuity.-40. amending the terms of office of the members of the European Court in order to improve continuity.

Protocol no. 8-adopted by the Committee of Ministers of the Council of Europe on 19 March 1985 at Vienna-opened for signature and ratification on 19 March 1985-entered into force on 1 January 1990. Ratified by 40 states.

Protocol 8 amended the following articles of the old convention:-20. creating the possibility of setting up Chambers of seven members each.-21. qualities of candidates for membership of the European Commission were further specified.-23. independence and impartiality of the members of the European Commission were explicated.-28. the procedure for friendly settlements was spelled out in the convention.-29. the unanimous agreement of the Commission under art.29 was changed in a two-thirds majority.-30 and 32. the procedure for the examination of petition was improved.

Protocol no. 9-adopted by the Committee of Ministers of the Council of Europe on 6 November 1990 at Rome-opened for signature and ratification on 6 November 1990-entered into force on 1 October 1994. Ratified by 24 states.

Protocol 9 amended articles 31, 44, 45 and 48 of the old Convention, whereby persons, non-governmental organisationsand groups of individuals were permitted to refer a case to the Court. Integrated into the Convention.

Protocol no. 10-adopted by the Committee of Ministers of the Council of Europe on 25 March 1992 at Basel-opened for signature and ratification on 25 March 1992-it did not enter into force and was superseded by the 11th protocol. Had been ratified by 25 states.

Protocol 10 amended article 32 in order to delete the two-third majority mentioned. Integrated into the Convention.

Protocol no. 11Protocol has substantially changed the convention. The amended text is included as document 2 C.1

2 C.1.8 INFORMATION ON PROTOCOLS TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTSAND FUNDAMENTAL FREEDOMS, NOT INCLUDED SEPARATELY

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PreambleThe 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 safeguardingand realising the ideals and principles which are their common heritageand of facilitating their economic and social progress, in particular bythe maintenance and further realisation of human rights and fundamentalfreedoms;

Considering that in the Convention for the Protection of HumanRights and Fundamental Freedoms signed at Rome on 4 November1950, and the Protocols thereto, the member States of the Council ofEurope agreed to secure to their populations the civil and political rightsand freedoms therein specified;

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

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

Resolved, as was decided during the Ministerial Conference held inTurin on 21 and 22 October 1991, to update and adapt the substantivecontents of the Charter in order to take account in particular of thefundamental social changes which have occurred since the text wasadopted;

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 guaranteedby the Additional Protocol of 1988 and to add new rights,


Part I [POLICY OBJECTIVES]The Parties accept as the aim of their policy, to be pursued by allappropriate means both national and international in character, theattainment of conditions in which the following rights and principlesmay be effectively realised:1. Everyone shall have the opportunity to earn his living in an occupationfreely entered upon.2. All workers have the right to just conditions of work.3. All workers have the right to safe and healthy working conditions.4. All workers have the right to a fair remuneration sufficient for adecent standard of living for themselves and their families.5. All workers and employers have the right to freedom of associationin national or international organisations for the protection of theireconomic and social interests.6. All workers and employers have the right to bargain collectively.7. Children and young persons have the right to a special protectionagainst the physical and moral hazards to which they are exposed.8. Employed women, in case of maternity, have the right to a specialprotection.9. Everyone has the right to appropriate facilities for vocational guidancewith a view to helping him choose an occupation suited to his personalaptitude and interests.10. Everyone has the right to appropriate facilities for vocationaltraining.

11. Everyone has the right to benefit from any measures enabling himto enjoy the highest possible standard of health attainable.12. All workers and their dependents have the right to social security.13. Anyone without adequate resources has the right to social andmedical assistance.14. Everyone has the right to benefit from social welfare services.15. Disabled persons have the right to independence, social integrationand participation in the life of the community.16. The family as a fundamental unit of society has the right toappropriate social, legal and economic protection to ensure its fulldevelopment.17. Children and young persons have the right to appropriate social,legal and economic protection.18. The nationals of any one of the Parties have the right to engage inany gainful occupation in the territory of any one of the others on afooting of equality with the nationals of the latter, subject to restrictionsbased on cogent economic or social reasons.19. Migrant workers who are nationals of a Party and their familieshave the right to protection and assistance in the territory of any otherParty.20. All workers have the right to equal opportunities and equal treatmentin matters of employment and occupation without discrimination onthe grounds of sex.21. Workers have the right to be informed and to be consulted withinthe undertaking.22. Workers have the right to take part in the determination andimprovement of the working conditions and working environment inthe undertaking.23. Every elderly person has the right to social protection.24. All workers have the right to protection in cases of termination ofemployment.25. All workers have the right to protection of their claims in the eventof the insolvency of their employer.26. All workers have the right to dignity at work.27. All persons with family responsibilities and who are engaged orwish to engage in employment have a right to do so without beingsubject to discrimination and as far as possible without conflict betweentheir employment and family responsibilities.28. Workers’ representatives in undertakings have the right to protectionagainst acts prejudicial to them and should be afforded appropriatefacilities to carry out their functions.29. All workers have the right to be informed and consulted in collectiveredundancy procedures.30. Everyone has the right to protection against poverty and socialexclusion.31. Everyone has the right to housing.

Part II [SPECIFIC STANDARDS]The Parties undertake, as provided for in Part III, to consider themselvesbound by the obligations laid down in the following articles andparagraphs.

Article 1 - The right to workWith a view to ensuring the effective exercise of the right to work,

the Parties undertake:1. to accept as one of their primary aims and responsibilities the

achievement and maintenance of as high and stable a level ofemployment as possible, with a view to the attainment of fullemployment;

2 C.2 EUROPEAN SOCIAL CHARTER (REVISED)

-adopted by the Members of the Council of Europe on 3 May 1996 at Strasbourg-opened for signature and ratification on 3 May 1996-entered into force on 1 July 1999 (after 3 ratifications)-ratifications, etc.: 17 as per 15 July 2004 plus 6 signatures not yet followed by ratification.-the revised Charter incorporates in Article 20 up to and including Article 23 the essence of the Additional-Protocol of May 1988. This protocol is therefore not reproduced here


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2. to protect effectively the right of the worker to earn his living inan occupation freely entered upon;

3. to establish or maintain free employment services for all workers;4. to provide or promote appropriate vocational guidance, training

and rehabilitation.

Article 2 - The right to just conditions of workWith a view to ensuring the effective exercise of the right to just

conditions of work, the Parties undertake:1. to provide for reasonable daily and weekly working hours, the

working week to be progressively reduced to the extent that the increaseof productivity and other relevant factors permit;

2. to provide for public holidays with pay;3. to provide for a minimum of four weeks’ annual holiday with

pay;4. to eliminate risks in inherently dangerous or unhealthy occupations,

and where it has not yet been possible to eliminate or reduce sufficientlythese risks, to provide for either a reduction of working hours oradditional paid holidays for workers engaged in such occupations;

5. to ensure a weekly rest period which shall, as far as possible,coincide with the day recognised by tradition or custom in the countryor region concerned as a day of rest;

6. to ensure that workers are informed in written form, as soon aspossible, and in any event not later than two months after the date ofcommencing their employment, of the essential aspects of the contractor employment relationship;

7. to ensure that workers performing night work benefit frommeasures which take account of the special nature of the work.

Article 3 - The right to safe and healthy working conditionsWith a view to ensuring the effective exercise of the right to safe

and healthy working conditions, the Parties undertake, in consultationwith employers’ and workers’ organisations:

1. to formulate, implement and periodically review a coherentnational policy on occupational safety, occupational health and theworking environment. The primary aim of this policy shall be to improveoccupational safety and health and to prevent accidents and injury tohealth arising out of, linked with or occurring in the course of work,particularly by minimising the causes of hazards inherent in the workingenvironment;

2. to issue safety and health regulations;3. to provide for the enforcement of such regulations by measures of

supervision;4. to promote the progressive development of occupational health

services for all workers with essentially preventive and advisoryfunctions.

Article 4 - The right to a fair remunerationWith a view to ensuring the effective exercise of the right to a fair

remuneration, the Parties undertake:1. to recognise the right of workers to a remuneration such as will

give them and their families a decent standard of living;2. to recognise the right of workers to an increased rate of

remuneration for overtime work, subject to exceptions in particularcases;

3. to recognise the right of men and women workers to equal pay forwork of equal value;

4. to recognise the right of all workers to a reasonable period ofnotice for termination of employment;

5. to permit deductions from wages only under conditions and to theextent prescribed by national laws or regulations or fixed by collectiveagreements or arbitration awards.

The exercise of these rights shall be achieved by freely concludedcollective agreements, by statutory wage-fixing machinery, or by othermeans appropriate to national conditions.

Article 5 - The right to organiseWith a view to ensuring or promoting the freedom of workers and

employers to form local, national or international organisations for theprotection of their economic and social interests and to join thoseorganisations, the Parties undertake that national law shall not be suchas to impair, nor shall it be so applied as to impair, this freedom. Theextent to which the guarantees provided for in this article shall apply tothe police shall be determined by national laws or regulations. The

principle governing the application to the members of the armed forcesof these guarantees and the extent to which they shall apply to personsin this category shall equally be determined by national laws orregulations.

Article 6 - The right to bargain collectivelyWith a view to ensuring the effective exercise of the right to bargain

collectively, the Parties undertake:1. to promote joint consultation between workers and employers;2. to promote, where necessary and appropriate, machinery for

voluntary negotiations between employers or employers’ organisationsand workers’ organisations, with a view to the regulation of terms andconditions of employment by means of collective agreements;

3. to promote the establishment and use of appropriate machineryfor conciliation and voluntary arbitration for the settlement of labourdisputes;

and recognise:4. the right of workers and employers to collective action in cases of

conflicts of interest, including the right to strike, subject to obligationsthat might arise out of collective agreements previously entered into.

Article 7 - The right of children and young persons to protectionWith a view to ensuring the effective exercise of the right of children

and young persons to protection, the Parties undertake:1. to provide that the minimum age of admission to employment

shall be 15 years, subject to exceptions for children employed inprescribed light work without harm to their health, morals or education;

2. to provide that the minimum age of admission to employmentshall be 18 years with respect to prescribed occupations regarded asdangerous or unhealthy;

3. to provide that persons who are still subject to compulsoryeducation shall not be employed in such work as would deprive themof the full benefit of their education;

4. to provide that the working hours of persons under 18 years ofage shall be limited in accordance with the needs of their development,and particularly with their need for vocational training;

5. to recognise the right of young workers and apprentices to a fairwage or other appropriate allowances;

6. to provide that the time spent by young persons in vocationaltraining during the normal working hours with the consent of theemployer shall be treated as forming part of the working day;

7. to provide that employed persons of under 18 years of age shallbe entitled to a minimum of four weeks’ annual holiday with pay;

8. to provide that persons under 18 years of age shall not be employedin night work with the exception of certain occupations provided forby national laws or regulations;

9. to provide that persons under 18 years of age employed inoccupations prescribed by national laws or regulations shall be subjectto regular medical control;

10. to ensure special protection against physical and moral dangersto which children and young persons are exposed, and particularlyagainst those resulting directly or indirectly from their work.

Article 8 - The right of employed women to protection of maternityWith a view to ensuring the effective exercise of the right of employed

women to the protection of maternity, the Parties undertake:1. to provide either by paid leave, by adequate social security benefits

or by benefits from public funds for employed women to take leavebefore and after childbirth up to a total of at least fourteen weeks;

2. to consider it as unlawful for an employer to give a woman noticeof dismissal during the period from the time she notifies her employerthat she is pregnant until the end of her maternity leave, or to give hernotice of dismissal at such a time that the notice would expire duringsuch a period;

3. to provide that mothers who are nursing their infants shall beentitled to sufficient time off for this purpose;

4. to regulate the employment in night work of pregnant women,women who have recently given birth and women nursing their infants;

5. to prohibit the employment of pregnant women, women who haverecently given birth or who are nursing their infants in undergroundmining and all other work which is unsuitable by reason of its dangerous,unhealthy or arduous nature and to take appropriate measures to protectthe employment rights of these women.


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Article 9 - The right to vocational guidanceWith a view to ensuring the effective exercise of the right to

vocational guidance, the Parties undertake to provide or promote, asnecessary, a service which will assist all persons, including thehandicapped, to solve problems related to occupational choice andprogress, with due regard to the individual’s characteristics and theirrelation to occupational opportunity: this assistance should be availablefree of charge, both to young persons, including schoolchildren, and toadults.

Article 10 - The right to vocational trainingWith a view to ensuring the effective exercise of the right to

vocational training, the Parties undertake:1. to provide or promote, as necessary, the technical and vocational

training of all persons, including the handicapped, in consultation withemployers’ and workers’ organisations, and to grant facilities for accessto higher technical and university education, based solely on individualaptitude;

2. to provide or promote a system of apprenticeship and othersystematic arrangements for training young boys and girls in theirvarious employments;

3. to provide or promote, as necessary:a. adequate and readily available training facilities for adult workers;b. special facilities for the retraining of adult workers needed as aresult of technological development or new trends in employment;4. to provide or promote, as necessary, special measures for the

retraining and reintegration of the long-term unemployed;5. to encourage the full utilisation of the facilities provided by

appropriate measures such as:a) reducing or abolishing any fees or charges;b) granting financial assistance in appropriate cases;c) including in the normal working hours time spent on supplementarytraining taken by the worker, at the request of his employer, duringemployment;d) ensuring, through adequate supervision, in consultation with theemployers’ and workers’ organisations, the efficiency of apprenticeshipand other training arrangements for young workers, and the adequateprotection of young workers generally.

Article 11 - The right to protection of healthWith a view to ensuring the effective exercise of the right to protection

of health, the Parties undertake, either directly or in cooperation withpublic or private organisations, to take appropriate measures designedinter alia:

1. to remove as far as possible the causes of ill-health;2. to provide advisory and educational facilities for the promotion

of health and the encouragement of individual responsibility in mattersof health;

3. to prevent as far as possible epidemic, endemic and other diseases,as well as accidents.

Article 12 - The right to social securityWith a view to ensuring the effective exercise of the right to social

security, the Parties undertake:1. to establish or maintain a system of social security;2. to maintain the social security system at a satisfactory level at

least equal to that necessary for the ratification of the European Codeof Social Security;

3. to endeavour to raise progressively the system of social securityto a higher level;

4. to take steps, by the conclusion of appropriate bilateral andmultilateral agreements or by other means, and subject to the conditionslaid down in such agreements, in order to ensure:a) equal treatment with their own nationals of the nationals of otherParties in respect of social security rights, including the retention ofbenefits arising out of social security legislation, whatever movementsthe persons protected may undertake between the territories of theParties;b) the granting, maintenance and resumption of social security rightsby such means as the accumulation of insurance or employment periodscompleted under the legislation of each of the Parties.

Article 13 - The right to social and medical assistanceWith a view to ensuring the effective exercise of the right to social

and medical assistance, the Parties undertake:1. to ensure that any person who is without adequate resources and

who is unable to secure such resources either by his own efforts orfrom other sources, in particular by benefits under a social securityscheme, be granted adequate assistance, and, in case of sickness, thecare necessitated by his condition;

2. to ensure that persons receiving such assistance shall not, for thatreason, suffer from a diminution of their political or social rights;

3. to provide that everyone may receive by appropriate public orprivate services such advice and personal help as may be required toprevent, to remove, or to alleviate personal or family want;

4. to apply the provisions referred to in paragraphs 1, 2 and 3 of thisarticle on an equal footing with their nationals to nationals of otherParties lawfully within their territories, in accordance with theirobligations under the European Convention on Social and MedicalAssistance, signed at Paris on 11 December 1953.

Article 14 - The right to benefit from social welfare servicesWith a view to ensuring the effective exercise of the right to benefit

from social welfare services, the Parties undertake:1. to promote or provide services which, by using methods of social

work, would contribute to the welfare and development of bothindividuals and groups in the community, and to their adjustment tothe social environment;

2. to encourage the participation of individuals and voluntary or otherorganisations in the establishment and maintenance of such services.

Article 15 - The right of persons with disabilities to independence,social integration and participation in the life of thecommunity

With a view to ensuring to persons with disabilities, irrespective ofage and the nature and origin of their disabilities, the effective exerciseof the right to independence, social integration and participation in thelife of the community, the Parties undertake, in particular:

1. to take the necessary measures to provide persons with disabilitieswith guidance, education and vocational training in the framework ofgeneral schemes wherever possible or, where this is not possible,through specialised bodies, public or private;

2. to promote their access to employment through all measurestending to encourage employers to hire and keep in employment personswith disabilities in the ordinary working environment and to adjust theworking conditions to the needs of the disabled or, where this is notpossible by reason of the disability, by arranging for or creating shelteredemployment according to the level of disability. In certain cases, suchmeasures may require recourse to specialised placement and supportservices;

3. to promote their full social integration and participation in the lifeof the community in particular through measures, including technicalaids, aiming to overcome barriers to communication and mobility andenabling access to transport, housing, cultural activities and leisure.

Article 16 -The right of the family to social, legal and economicprotection

With a view to ensuring the necessary conditions for the fulldevelopment of the family, which is a fundamental unit of society, theParties undertake to promote the economic, legal and social protectionof family life by such means as social and family benefits, fiscalarrangements, provision of family housing, benefits for the newlymarried and other appropriate means.

Article 17 - The right of children and young persons to social, legaland economic protection

With a view to ensuring the effective exercise of the right of childrenand young persons to grow up in an environment which encourages thefull development of their personality and of their physical and mentalcapacities, the Parties undertake, either directly or in co-operation withpublic and private organisations, to take all appropriate and necessarymeasures designed:

a) to ensure that children and young persons, taking account of therights and duties of their parents, have the care, the assistance, theeducation and the training they need, in particular by providing for the


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establishment or maintenance of institutions and services sufficient andadequate for this purpose;

b) to protect children and young persons against negligence, violenceor exploitation;

c) to provide protection and special aid from the state for childrenand young persons temporarily or definitively deprived of their family’ssupport;

1. to provide to children and young persons a free primary andsecondary education as well as to encourage regular attendance atschools.

Article 18 -The right to engage in a gainful occupation in theterritory of other Parties

With a view to ensuring the effective exercise of the right to engagein a gainful occupation in the territory of any other Party, the Partiesundertake:

1. to apply existing regulations in a spirit of liberality;2. to simplify existing formalities and to reduce or abolish chancery

dues and other charges payable by foreign workers or their employers;3. to liberalise, individually or collectively, regulations governing

the employment of foreign workers;and recognise:4. the right of their nationals to leave the country to engage in a

gainful occupation in the territories of the other Parties.

Article 19 -The right of migrant workers and their families toprotection and assistance

With a view to ensuring the effective exercise of the right of migrantworkers and their families to protection and assistance in the territoryof any other Party, the Parties undertake:

1. to maintain or to satisfy themselves that there are maintainedadequate and free services to assist such workers, particularly inobtaining accurate information, and to take all appropriate steps, so faras national laws and regulations permit, against misleading propagandarelating to emigration and immigration;

2. to adopt appropriate measures within their own jurisdiction tofacilitate the departure, journey and reception of such workers and theirfamilies, and to provide, within their own jurisdiction, appropriateservices for health, medical attention and good hygienic conditionsduring the journey;

3. to promote co-operation, as appropriate, between social services,public and private, in emigration and immigration countries;

4. to secure for such workers lawfully within their territories, insofaras such matters are regulated by law or regulations or are subject to thecontrol of administrative authorities, treatment not less favourable thanthat of their own nationals in respect of the following matters:a) remuneration and other employment and working conditions;b) membership of trade unions and enjoyment of the benefits ofcollective bargaining;c) accommodation;

5. to secure for such workers lawfully within their territories treatmentnot less favourable than that of their own nationals with regard toemployment taxes, dues or contributions payable in respect of employedpersons;

6. to facilitate as far as possible the reunion of the family of a foreignworker permitted to establish himself in the territory;

7. to secure for such workers lawfully within their territories treatmentnot less favourable than that of their own nationals in respect of legalproceedings relating to matters referred to in this article;

8. to secure that such workers lawfully residing within their territoriesare not expelled unless they endanger national security or offend againstpublic interest or morality;

9. to permit, within legal limits, the transfer of such parts of theearnings and savings of such workers as they may desire;

10. to extend the protection and assistance provided for in this articleto self-employed migrants insofar as such measures apply;

11. to promote and facilitate the teaching of the national language ofthe receiving state or, if there are several, one of these languages, tomigrant workers and members of their families;

12. to promote and facilitate, as far as practicable, the teaching ofthe migrant worker’s mother tongue to the children of the migrantworker.

Article 20 - The right to equal opportunities and equal treatmentin matters of employment and occupation withoutdiscrimination on the grounds of sex

With a view to ensuring the effective exercise of the right to equalopportunities and equal treatment in matters of employment andoccupation without discrimination on the grounds of sex, the Partiesundertake to recognise that right and to take appropriate measures toensure or promote its application in the following fields:a) access to employment, protection against dismissal and occupationalreintegration;b) vocational guidance, training, retraining and rehabilitation;c) terms of employment and working conditions, includingremuneration;d) career development, including promotion.

Article 21-The right to information and consultationWith a view to ensuring the effective exercise of the right of workers

to be informed and consulted within the undertaking, the Partiesundertake to adopt or encourage measures enabling workers or theirrepresentatives, in accordance with national legislation and practice:

a) to be informed regularly or at the appropriate time and in acomprehensible way about the economic and financial situation of theundertaking employing them, on the understanding that the disclosureof certain information which could be prejudicial to the undertakingmay be refused or subject to confidentiality; and

b) to be consulted in good time on proposed decisions which couldsubstantially affect the interests of workers, particularly on thosedecisions which could have an important impact on the employmentsituation in the undertaking.

Article 22-The right to take part in the determination andimprovement of the working conditions and workingenvironment

With a view to ensuring the effective exercise of the right of workersto take part in the determination and improvement of the workingconditions and working environment in the undertaking, the Partiesundertake to adopt or encourage measures enabling workers or theirrepresentatives, in accordance with national legislation and practice,to contribute:

a) to the determination and the improvement of the workingconditions, work organisation and working environment;

b) to the protection of health and safety within the undertaking;c) to the organisation of social and socio-cultural services and

facilities within the undertaking;d) to the supervision of the observance of regulations on these

matters.

Article 23 -The right of elderly persons to social protectionWith a view to ensuring the effective exercise of the right of elderly

persons to social protection, the Parties undertake to adopt or encourage,either directly or in co-operation with public or private organisations,appropriate measures designed in particular:

1. to enable elderly persons to remain full members of society foras long as possible, by means of:a) adequate resources enabling them to lead a decent life and play anactive part in public, social and cultural life;b) provision of information about services and facilities available forelderly persons and their opportunities to make use of them;

2. to enable elderly persons to choose their life-style freely and tolead independent lives in their familiar surroundings for as long as theywish and are able, by means of:a) provision of housing suited to their needs and their state of health or

of adequate support for adapting their housing;b) the health care and the services necessitated by their state;

3. to guarantee elderly persons living in institutions appropriatesupport, while respecting their privacy, and participation in decisionsconcerning living conditions in the institution.

Article 24-The right to protection in cases of termination ofemployment

With a view to ensuring the effective exercise of the right of workersto protection in cases of termination of employment, the Partiesundertake to recognise:


184 2 C.2 EUROPEAN SOCIAL CHARTER (REVISED)

a) the right of all workers not to have their employment terminatedwithout valid reasons for such termination connected with their capacityor conduct or based on the operational requirements of the undertaking,establishment or service;

b) the right of workers whose employment is terminated without avalid reason to adequate compensation or other appropriate relief.

To this end the Parties undertake to ensure that a worker whoconsiders that his employment has been terminated without a validreason shall have the right to appeal to an impartial body.

Article 25 - The right of workers to the protection of their claims inthe event of the insolvency of their employer

With a view to ensuring the effective exercise of the right of workersto the protection of their claims in the event of the insolvency of theiremployer, the Parties undertake to provide that workers’ claims arisingfrom contracts of employment or employment relationships beguaranteed by a guarantee institution or by any other effective form ofprotection.

Article 26 - The right to dignity at workWith a view to ensuring the effective exercise of the right of all

workers to protection of their dignity at work, the Parties undertake, inconsultation with employers’ and workers’ organisations:

1. to promote awareness, information and prevention of sexualharassment in the workplace or in relation to work and to take allappropriate measures to protect workers from such conduct;

2. to promote awareness, information and prevention of recurrentreprehensible or distinctly negative and offensive actions directedagainst individual workers in the workplace or in relation to work andto take all appropriate measures to protect workers from such conduct.

Article 27- The right of workers with family responsibilities to equalopportunities and equal treatment

With a view to ensuring the exercise of the right to equality ofopportunity and treatment for men and women workers with familyresponsibilities and between such workers and other workers, the Partiesundertake:

1. to take appropriate measures:a) to enable workers with family responsibilities to enter and remain inemployment, as well as to reenter employment after an absence due tothose responsibilities, including measures in the field of vocationalguidance and training;b) to take account of their needs in terms of conditions of employmentand social security;c) to develop or promote services, public or private, in particular childdaycare services and other childcare arrangements;

2. to provide a possibility for either parent to obtain, during a periodafter maternity leave, parental leave to take care of a child, the durationand conditions of which should be determined by national legislation,collective agreements or practice;

3. to ensure that family responsibilities shall not, as such, constitutea valid reason for termination of employment.

Article 28 - The right of workers’ representatives to protection inthe undertaking and facilities to be accorded to them

With a view to ensuring the effective exercise of the right of workers’representatives to carry out their functions, the Parties undertake toensure that in the undertaking:

a) they enjoy effective protection against acts prejudicial to them,including dismissal, based on their status or activities as workers’representatives within the undertaking;

b) they are afforded such facilities as may be appropriate in order toenable them to carry out their functions promptly and efficiently, accountbeing taken of the industrial relations system of the country and theneeds, size and capabilities of the undertaking concerned.

Article 29 -The right to information and consultation in collectiveredundancy procedures

With a view to ensuring the effective exercise of the right of workersto be informed and consulted in situations of collective redundancies,the Parties undertake to ensure that employers shall inform and consultworkers’ representatives, in good time prior to such collectiveredundancies, on ways and means of avoiding collective redundanciesor limiting their occurrence and mitigating their consequences, for

example by recourse to accompanying social measures aimed, inparticular, at aid for the redeployment or retraining of the workersconcerned.

Article 30 - The right to protection against poverty and socialexclusion

With a view to ensuring the effective exercise of the right to protectionagainst poverty and social exclusion, the Parties undertake:

a) to take measures within the framework of an overall and co-ordinated approach to promote the effective access of persons who liveor risk living in a situation of social exclusion or poverty, as well astheir families, to, in particular, employment, housing, training,education, culture and social and medical assistance;

b) to review these measures with a view to their adaptation ifnecessary.

Article 31 - The right to housingWith a view to ensuring the effective exercise of the right to housing,

the Parties undertake to take measures designed:1. to promote access to housing of an adequate standard;2. to prevent and reduce homelessness with a view to its gradual

elimination;3. to make the price of housing accessible to those without adequate

resources.

Part III [UNDERTAKINGS AND LINKAGES]Article A Undertakings

1. Subject to the provisions of Article B below, each of the Partiesundertakes:a) to consider Part I of this Charter as a declaration of the aims which itwill pursue by all appropriate means, as stated in the introductoryparagraph of that part;b) to consider itself bound by at least six of the following nine articlesof Part II of this Charter: Articles 1, 5, 6, 7, 12, 13, 16, 19 and 20;c) to consider itself bound by an additional number of articles ornumbered paragraphs of Part II of the Charter which it may select,provided that the total number of articles or numbered paragraphs bywhich it is bound is not less than sixteen articles or sixty-three numberedparagraphs.

2. The articles or paragraphs selected in accordance with sub-paragraphs b and c of paragraph 1 of this article shall be notified to theSecretary General of the Council of Europe at the time when theinstrument of ratification, acceptance or approval is deposited.

3. Any Party may, at a later date, declare by notification addressedto the Secretary General that it considers itself bound by any articles orany numbered paragraphs of Part II of the Charter which it has notalready accepted under the terms of paragraph 1 of this article. Suchundertakings subsequently given shall be deemed to be an integral partof the ratification, acceptance or approval and shall have the same effectas from the first day of the month following the expiration of a periodof one month after the date of the notification.

4. Each Party shall maintain a system of labour inspection appropriateto national conditions.

Article B Links with the European Social Charter and the 1988Additional Protocol

1. No Contracting Party to the European Social Charter or Party tothe Additional Protocol of 5 May 1988 may ratify, accept or approvethis Charter without considering itself bound by at least the provisionscorresponding to the provisions of the European Social Charter and,where appropriate, of the Additional Protocol, to which it was bound.

2. Acceptance of the obligations of any provision of this Chartershall, from the date of entry into force of those obligations for the Partyconcerned, result in the corresponding provision of the European SocialCharter and, where appropriate, of its Additional Protocol of 1988ceasing to apply to the Party concerned in the event of that Party beingbound by the first of those instruments or by both instruments.


Part IV [Supervision]Article C Supervision of the implementation of the undertakings

contained in this CharterThe implementation of the legal obligations contained in this Charter

shall be submitted to the same supervision as the European SocialCharter.

Article D Collective complaints1. The provisions of the Additional Protocol to the European Social

Charter providing for a system of collective complaints shall apply tothe undertakings given in this Charter for the States which have ratifiedthe said Protocol.

2. Any State which is not bound by the Additional Protocol to theEuropean Social Charter providing for a system of collective complaintsmay when depositing its instrument of ratification, acceptance orapproval of this Charter or at any time thereafter, declare by notificationaddressed to the Secretary General of the Council of Europe, that itaccepts the supervision of its obligations under this Charter followingthe procedure provided for in the said Protocol.

Part V [GENERAL PROVISIONS]Article E Non-discrimination

The enjoyment of the rights set forth in this Charter shall be securedwithout discrimination on any ground such as race, colour, sex,language, religion, political or other opinion, national extraction orsocial origin, health, association with a national minority, birth or otherstatus.

Article F Derogations in time of war or public emergency1. In time of war or other public emergency threatening the life of

the nation any Party may take measures derogating from its obligationsunder this Charter to the extent strictly required by the exigencies ofthe situation, provided that such measures are not inconsistent with itsother obligations under international law.

2. Any Party which has availed itself of this right of derogation shall,within a reasonable lapse of time, keep the Secretary General of theCouncil of Europe fully informed of the measures taken and of thereasons therefor. It shall likewise inform the Secretary General whensuch measures have ceased to operate and the provisions of the Charterwhich it has accepted are again being fully executed.

Article G Restrictions1. The rights and principles set forth in Part I when effectively

realised, and their effective exercise as provided for in Part II, shall notbe subject to any restrictions or limitations not specified in those parts,except such as are prescribed by law and are necessary in a democraticsociety for the protection of the rights and freedoms of others or for theprotection of public interest, national security, public health, or morals.

2. The restrictions permitted under this Charter to the rights andobligations set forth herein shall not be applied for any purpose otherthan that for which they have been prescribed.

Article H Relations between the Charter and domestic law orinternational agreements

The provisions of this Charter shall not prejudice the provisions ofdomestic law or of any bilateral or multilateral treaties, conventions oragreements which are already in force, or may come into force, underwhich more favourable treatment would be accorded to the personsprotected.

Article I Implementation of the undertakings given1. Without prejudice to the methods of implementation foreseen in

these articles the relevant provisions of Articles 1 to 31 of Part II ofthis Charter shall be implemented by:a) laws or regulations;b) Agreements between employers or employers’ organisations andworkers’ organisations;c) a combination of those two methods;d) other appropriate means.

2. Compliance with the undertakings deriving from the provisionsof paragraphs 1, 2, 3, 4, 5 and 7 of Article 2, paragraphs 4, 6 and 7 ofArticle 7, paragraphs 1, 2, 3 and 5 of Article 10 and Articles 21 and 22of Part II of this Charter shall be regarded as effective if the provisionsare applied, in accordance with paragraph 1 of this article, to the greatmajority of the workers concerned.

Article J Amendments[ . . ]

Part VI [FINAL PROVISIONS]Article K Signature, ratification and entry into force

1. This Charter shall be open for signature by the member States ofthe Council of Europe. It shall be subject to ratification, acceptance orapproval. Instruments of ratification, acceptance or approval shall bedeposited with the Secretary General of the Council of Europe.

2. This Charter shall enter into force on the first day of the monthfollowing the expiration of a period of one month after the date onwhich three member States of the Council of Europe have expressedtheir consent to be bound by this Charter in accordance with thepreceding paragraph.

3. In respect of any member State which subsequently expresses itsconsent to be bound by this Charter, it shall enter into force on the firstday of the month following the expiration of a period of one monthafter the date of the deposit of the instrument of ratification, acceptanceor approval.

Article L Territorial application1. This Charter shall apply to the metropolitan territory of each Party.

Each signatory may, at the time of signature or of the deposit of itsinstrument of ratification, acceptance or approval, specify, bydeclaration addressed to the Secretary General of the Council of Europe,the territory which shall be considered to be its metropolitan territoryfor this purpose.

2. Any signatory may, at the time of signature or of the deposit of itsinstrument of ratification, acceptance or approval, or at any timethereafter, declare by notification addressed to the Secretary Generalof the Council of Europe, that the Charter shall extend in whole or inpart to a non-metropolitan territory or territories specified in the saiddeclaration for whose international relations it is responsible or forwhich it assumes international responsibility. It shall specify in thedeclaration the articles or paragraphs of Part II of the Charter which itaccepts as binding in respect of the territories named in the declaration.

3. The Charter shall extend its application to the territory or territoriesnamed in the aforesaid declaration as from the first day of the monthfollowing the expiration of a period of one month after the date ofreceipt of the notification of such declaration by the Secretary General.

4. Any Party may declare at a later date by notification addressed tothe Secretary General of the Council of Europe that, in respect of oneor more of the territories to which the Charter has been applied inaccordance with paragraph 2 of this article, it accepts as binding anyarticles or any numbered paragraphs which it has not already acceptedin respect of that territory or territories. Such undertakings subsequentlygiven shall be deemed to be an integral part of the original declarationin respect of the territory concerned, and shall have the same effect asfrom the first day of the month following the expiration of a period ofone month after the date of receipt of such notification by the SecretaryGeneral.

Article M Denunciation[ . . . ]

Article N AppendixThe appendix to this Charter shall form an integral part of it.

Article O NotificationsThe Secretary General of the Council of Europe shall notify the

member States of the Council and the Director General of theInternational Labour Office of:a) any signature;b) the deposit of any instrument of ratification, acceptance or approval;c) any date of entry into force of this Charter in accordance with Article K;d) any declaration made in application of Articles A, paragraphs 2 and3,D, paragraphs 1 and 2, F, paragraph 2, L, paragraphs 1,2,3 and 4;e) any amendment in accordance with Article J;f) any denunciation in accordance with Article M;g)any other act, notification or communication relating to this charter.

In witness whereof, the undersigned, being duly authorised thereto, havesigned this revised Charter.Done at Strasbourg, this 3rd day of May 1996,

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The member States of the Council of Europe, signatory to thisProtocol to the European Social Charter, opened for signature in Turinon 18 October 1961 (hereinafter referred to as “the Charter”),

Being resolved to take some measures to improve the effectivenessof the Charter, and particularly the functioning of its supervisorymachinery;

Considering therefore that it is desirable to amend certain provisionsof the Charter,

Have agreed as follows :

Article 1 Article 23 of the Charter shall read as follows :“Article 23 - Communication of copies of reports and comments

1 When sending to the Secretary General a report pursuant toArticles 21 and 22, each Contracting Party shall forward a copy of thatreport to such of its national organisations as are members of theinternational organisations of employers and trade unions invited, underArticle 27, paragraph 2, to be represented at meetings of theGovernmental Committee. Those organisations shall send to theSecretary General any comments on the reports of the ContractingParties. The Secretary General shall send a copy of those comments tothe Contracting Parties concerned, who might wish to respond.

2 The Secretary General shall forward a copy of the reports of theContracting Parties to the international non-governmental organisationswhich have consultative status with the Council of Europe and haveparticular competence in the matters governed by the present Charter.

3 The reports and comments referred to in Articles 21 and 22 andin the present article shall be made available to the public on request.”

Article 2 Article 24 of the Charter shall read as follows:“Article 24 - Examination of the reports

1 The reports sent to the Secretary General in accordance withArticles 21 and 22 shall be examined by a Committee of IndependentExperts constituted pursuant to Article 25. The committee shall alsohave before it any comments forwarded to the Secretary General inaccordance with paragraph 1 of Article 23. On completion of itsexamination, the Committee of Independent Experts shall draw up areport containing its conclusions.

2 With regard to the reports referred to in Article 21, the Committeeof Independent Experts shall assess from a legal standpoint thecompliance of national law and practice with the obligations arisingfrom the Charter for the Contracting Parties concerned.

3 The Committee of Independent Experts may address requests foradditional information and clarification directly to Contracting Parties.In this connection the Committee of Independent Experts may also hold,if necessary, a meeting with the representatives of a Contracting Party,either on its own initiative or at the request of the Contracting Partyconcerned. The organisations referred to in paragraph 1 of Article 23shall be kept informed.

2 C.2.1 PROTOCOL AMENDING THE EUROPEAN SOCIAL CHARTER (TURIN PROTOCOL)

-signed for the Members of the Council of Europe on 21 October 1991 at Turin-opened for signature and ratification on 21 October 1991-not yet entered into force.-ratifications, etc.: 19 as per 15 July 2004 plus 4 signatures not yet followed by ratification-Part IV, Article C of the Revised Europan Social Charter of 1996 stipulates that the implementation of the legalobligations contained in that Charter shall be submitted to the same supervision as the original European SocialCharter of 1961. That supervision mechanism has been revised by this Turin Protocol of 1991, which has not yetentered into force. In view of some states’ reservations and difficulties in accepting the supervision procedure setout in the Turin Protocol it was decided that the Revised Charter of 1996 should not interfere with this issue.Consequently, before the Turin Protocol comes into force, the Revised Charter will use the supervisory machineryapplicable to the original Charter, and after the Turin Protocol comes into force, it will use the new supervisionprocedure. In addition, since states which ratify the Revised Charter are still Parties to the original Charter, theTurin Protocol will only come into force when it has been ratified by all states which are Parties to the originalCharter. The Revised Charter therefore has no influence on the number of ratifications necessary for the entry intoforce of the Turin Protocol. In practice, in accordance with a decision taken by the Committee of Ministers, thisProtocol is already applied

4 The conclusions of the Committee of Independent Experts shallbe made public and communicated by the Secretary General to theGovernmental Committee, to the Parliamentary Assembly and to theorganisations which are mentioned in paragraph 1 of Article 23 andparagraph 2 of Article 27.”

Article 3 Article 25 of the Charter shall read as follows :“Article 25 - Committee of Independent Experts

1 The Committee of Independent Experts shall consist of at leastnine members elected by the Parliamentary Assembly by a majority ofvotes cast from a list of experts of the highest integrity and of recognisedcompetence in national and international social questions, nominatedby the Contracting Parties. The exact number of members shall bedetermined by the Committee of Ministers.

2 The members of the committee shall be elected for a period ofsix years. They may stand for re-election once.

3 A member of the Committee of Independent Experts elected toreplace a member whose term of office has not expired shall hold officefor the remainder of his predecessor’s term.

4 The members of the committee shall sit in their individualcapacity. Throughout their term of office, they may not perform anyfunction incompatible with the requirements of independence,impartiality and availability inherent in their office.”

Article 4 Article 27 of the Charter shall read as follows :“Article 27 - Governmental Committee

1 The reports of the Contracting Parties, the comments andinformation communicated in accordance with paragraphs 1 of Article23 and 3 of Article 24, and the reports of the Committee of IndependentExperts shall be submitted to a Governmental Committee.

2 The committee shall be composed of one representative of eachof the Contracting Parties. It shall invite no more than two internationalorganisations of employers and no more than two international tradeunion organisations to send observers in a consultative capacity to itsmeetings. Moreover, it may consult representatives of internationalnon-governmental organisations which have consultative status withthe Council of Europe and have particular competence in the mattersgoverned by the present Charter.

3 The Governmental Committee shall prepare the decisions of theCommittee of Ministers. In particular, in the light of the reports of theCommittee of Independent Experts and of the Contracting Parties, itshall select, giving reasons for its choice, on the basis of social,economic and other policy considerations the situations which should,in its view, be the subject of recommendations to each ContractingParty concerned, in accordance with Article 28 of the Charter. It shallpresent to the Committee of Ministers a report which shall be madepublic.


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4 On the basis of its findings on the implementation of the SocialCharter in general, the Governmental Committee may submit proposalsto the Committee of Ministers aiming at studies to be carried out onsocial issues and on articles of the Charter which possibly might beupdated.”

Article 5 Article 28 of the Charter shall read as follows :“Article 28 - Committee of Ministers

1 The Committee of Ministers shall adopt, by a majority of two-thirds of those voting, with entitlement to voting limited to theContracting Parties, on the basis of the report of the GovernmentalCommittee, a resolution covering the entire supervision cycle andcontaining individual recommendations to the Contracting Partiesconcerned.

2 Having regard to the proposals made by the GovernmentalCommittee pursuant to paragraph 4 of Article 27, the Committee ofMinisters shall take such decisions as it deems appropriate.”

Article 6 Article 29 of the Charter shall read as follows :“Article 29 - Parliamentary Assembly

The Secretary General of the Council of Europe shall transmit to theParliamentary Assembly, with a view to the holding of periodical plenarydebates, the reports of the Committee of Independent Experts and ofthe Governmental Committee, as well as the resolutions of theCommittee of Ministers.”

Article 7 [signature and ratification]1 This Protocol shall be open for signature by member States of

the Council of Europe signatories to the Charter, which may expresstheir consent to be bound by :a) signature without reservation as to ratification, acceptance orapproval; orb) signature subject to ratification, acceptance or approval, followedby ratification, acceptance or approval.

2 Instruments of ratification, acceptance or approval shall bedeposited with the Secretary General of the Council of Europe.

Article 8 [entry into force]This Protocol shall enter into force on the thirtieth day after the date

on which all Contracting Parties to the Charter have expressed theirconsent to be bound by the Protocol in accordance with the provisionsof Article 7.

Article 9The Secretary General of the Council of Europe shall notify the

member States of the Council of :a) any signature;b) the deposit of any instrument of ratification, acceptance or approval;c) the date of entry into force of this Protocol in accordance with Article 8;d) any other act, notification or communication relating to this Protocol.

In witness whereof the undersigned, being duly authorised thereto, havesigned this Protocol.

Done at Turin, this 21st day of October 1991, in English and French,both texts being equally authentic, in a single copy which shall bedeposited in the archives of the Council of Europe. The SecretaryGeneral of the Council of Europe shall transmit certified copies to eachmember State of the Council of Europe.


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2 C.2.2 ADDITIONAL PROTOCOL TO THE EUROPEAN SOCIAL CHARTER PROVIDING FOR ASYSTEM OF COLLECTIVE COMPLAINTS

-signed for the Members of the Council of Europe on 9 November 1995 at Strasbourg-opened for signature and ratification on 26 November 1987-entered into force on 1 July 1998-ratifications, etc.: 11 as per 15 July 2004; in addition, 6 states had signed but not yet ratified

PreambleThe member States of the Council of Europe, signatories to this

Protocol to the European Social Charter, opened for signature in Turinon 18 October 1961 (hereinafter referred to as “the Charter”),

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

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


Article 1 [collective complaints by specified organisations]The Contracting Parties to this Protocol recognise the right of the

following organisations to submit complaints alleging unsatisfactoryapplication of the Charter:

a) international organisations of employers and trade unions referredto in paragraph 2 of Article 27 of the Charter;b) other international non-governmental organisations which haveconsultative status with the Council of Europe and have been put ona list established for this purpose by the Governmental Committee;c) representative national organisations of employers and trade unionswithin the jurisdiction of the Contracting Party against which theyhave lodged a complaint.

Article 2 [recognition of organisations by States]1. Any Contracting State may also, when it expresses its consent to

be bound by this Protocol, in accordance with the provisions of Article13, or at any moment thereafter, declare that it recognises the right ofany other representative national non-governmental organisation withinits jurisdiction which has particular competence in the matters governedby the Charter, to lodge complaints against it.

2. Such declarations may be made for a specific period.3. The declarations shall be deposited with the Secretary General of

the Council of Europe who shall transmit copies thereof to theContracting Parties and publish them.

Article 3 [competence of NGOs]The international non-governmental organisations and the national

non-governmental organisations referred to in Article 1.b and Article 2respectively may submit complaints in accordance with the procedureprescribed by the aforesaid provisions only in respect of those mattersregarding which they have been recognised as having particularcompetence.

Article 4 [conditions for admissibility]The complaint shall be lodged in writing, relate to a provision of the

Charter accepted by the Contracting Party concerned and indicate inwhat respect the latter has not ensured the satisfactory application ofthis provision.

Article 5 [notification]Any complaint shall be addressed to the Secretary General who shall

acknowledge receipt of it, notify it to the Contracting Party concernedand immediately transmit it to the Committee of Independent Experts.

Article 6 [role of Committee of Independent Experts]The Committee of Independent Experts may request the Contracting

Party concerned and the organisation which lodged the complaint tosubmit written information and observations on the admissibility ofthe complaint within such time-limit as it shall prescribe.

Article 7 [role of Committee of Independent Experts]1. If it decides that a complaint is admissible, the Committee of

Independent Experts shall notify the Contracting Parties to the Charterthrough the Secretary General. It shall request the Contracting Partyconcerned and the organisation which lodged the complaint to submit,within such time-limit as it shall prescribe, all relevant writtenexplanations or information, and the other Contracting Parties to thisProtocol, the comments they wish to submit, within the same time-limit.

2. If the complaint has been lodged by a national organisation ofemployers or a national trade union or by another national orinternational non-governmental organisation, the Committee ofIndependent Experts shall notify the international organisations ofemployers or trade unions referred to in paragraph 2 of Article 27 ofthe Charter, through the Secretary General, and invite them to submitobservations within such time-limit as it shall prescribe.

3. On the basis of the explanations, information or observationssubmitted under paragraphs 1 and 2 above, the Contracting Partyconcerned and the organisation which lodged the complaint may submitany additional written information or observations within such time-limit as the Committee of Independent Experts shall prescribe.

4. In the course of the examination of the complaint, the Committeeof Independent Experts may organise a hearing with the representativesof the parties.

Article 8 [reporting by Committee of Independent Experts]1. The Committee of Independent Experts shall draw up a report in

which it shall describe the steps taken by it to examine the complaintand present its conclusions as to whether or not the Contracting Partyconcerned has ensured the satisfactory application of the provision ofthe Charter referred to in the complaint.

2. The report shall be transmitted to the Committee of Ministers. Itshall also be transmitted to the organisation that lodged the complaintand to the Contracting Parties to the Charter, which shall not be atliberty to publish it.It shall be transmitted to the Parliamentary Assembly and made publicat the same time as the resolution referred to in Article 9 or no laterthan four months after it has been transmitted to the Committee ofMinisters.

Article 9 [role of Committee of Ministers]1. On the basis of the report of the Committee of Independent Experts,

the Committee of Ministers shall adopt a resolution by a majority ofthose voting. If the Committee of Independent Experts finds that theCharter has not been applied in a satisfactory manner, the Committeeof Ministers shall adopt, by a majority of two-thirds of those voting, arecommendation addressed to the Contracting Party concerned. In bothcases, entitlement to voting shall be limited to the Contracting Partiesto the Charter.

2. At the request of the Contracting Party concerned, the Committeeof Ministers may decide, where the report of the Committee ofIndependent Experts raises new issues, by a two-thirds majority of theContracting Parties to the Charter, to consult the GovernmentalCommittee.

Article 10 [state reporting]The Contracting Party concerned shall provide information on the

measures it has taken to give effect to the Committee of Ministers’recommendation, in the next report which it submits to the SecretaryGeneral under Article 21 of the Charter.

Article 11- 16 [procedural articles]

2 C.2.2 ADDITIONAL PROTOCOL TO THE EUROPEAN SOCIAL CHARTERPROVIDING FOR A SYSTEM OF COLLECTIVE COMPLAINTS

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2 C.3 EUROPEAN CONVENTION FOR THE PREVENTION OF TORTURE AND INHUMAN ORDEGRADING TREATMENT OR PUNISHMENTincluding the two protocols added to the Convention

-signed for the Members of the Council of Europe on 26 November 1987 at Strasbourg-opened for signature and ratification on 26 November 1987-entered into force on 1 February 1989-ratifications, etc.: 44 as per 15 July 2004-the first protocol, signed on 4 November 1993 at Strasbourg, intended to allow non-member States of the Councilof Europe to accede to the Convention at the invitation of the Committee of Ministers. For that purpose, the Articles5, 12, 18, 19, 20 and 23 were amended. The amendments are included here below. The protocol entered into forceon 1 March 2002 and has been ratified by 43 States.-the second protocol, signed on 4 November 1993 at Strasbourg, intended to enable members of the EuropeanCommittee for the Prevention of Torture and Inhuman and Degrading Treatment to be re-elected twice, and toguarantee an orderly renewal of the membership of the Committee. For that purpose, Article 5 was amended. Theprotocol entered into force on 1 March 2002 and has been ratified by 43 States

The member States of the Council of Europe, signatory hereto,Having regard to the provisions of the Convention for the Protection

of Human Rights and Fundamental Freedoms,Recalling that, under Article 3 of the same Convention, “no one shall

be subjected to torture or to inhuman or degrading treatment orpunishment”;

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

Convinced that the protection of persons deprived of their libertyagainst torture and inhuman or degrading treatment or punishment couldbe strengthened by non-judicial means of a preventive character basedon visits,


CHAPTER I [SCOPE]Article 1 [European Committee for the Prevention of Torture]

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

Article 2 [visits to places where persons are deprived of their liberty]Each Party shall permit visits, in accordance with this Convention,

to any place within its jurisdiction where persons are deprived of theirliberty by a public authority.

Article 3 [co-operation]In the application of this Convention, the Committee and the

competent national authorities of the Party concerned shall co-operatewith each other.

CHAPTER II [THE COMMITTEE]Article 4 [membership]

1. The Committee shall consist of a number of members equal tothat of the Parties.

2. The members of the Committee shall be chosen from amongpersons of high moral character, known for their competence in thefield of human rights or having professional experience in the areascovered by this Convention.

3. No two members of the Committee may be nationals of the sameState.

4. The members shall serve in their individual capacity, shall beindependent and impartial, and shall be available to serve the Committeeeffectively.

Article 5 [election procedure]1. a) The members of the Committee shall be elected by the

Committee of Ministers of the Council of Europe by an absolutemajority of votes, from a list of names drawn up by the Bureau of theConsultative Assembly of the Council of Europe; each nationaldelegation of the Parties in the Consultative Assembly shall put forwardthree candidates, of whom two at least shall be its nationals.b) Where a member is to be elected to the Committee in respect of anon-member State of the Council of Europe, the Bureau of theConsultative Assembly shall invite the Parliament of that State to putforward three candidates, of whom two at least shall be its nationals.The election by the Committee of Ministers shall take place afterconsultation with the Party concerned.”

2. The same procedure shall be followed in filling casual vacancies.3. The members of the Committee shall be elected for a period of

four years. They may be re-elected twice. However, among the memberselected at the first election, the terms of three members shall expire atthe end of two years. The members whose terms are to expire at theend of the initial period of two years shall be chosen by lot by theSecretary General of the Council of Europe immediately after the firstelection has been completed.

4. In order to ensure that, as far as possible, one half of themembership of the Committee shall be renewed every two years, theCommittee of Ministers may decide, before proceeding to anysubsequent election, that the term or terms of office of one or moremembers to be elected shall be for a period other than four years butnot more than six and not less than two years.

5. In cases where more than one term of office is involved and theCommittee of Ministers applies the preceding paragraph, the allocationof the terms of office shall be effected by the drawing of lots by theSecretary General, immediately after the election.

Article 6 [rules]The Committee shall meet in camera. A quorum shall be equal to the

majority of its members. The decisions of the Committee shall be takenby a majority of the members present, subject to the provisions of Article10, paragraph 2.

2. The Committee shall draw up its own rules of procedure.3. The Secretariat of the Committee shall be provided by the Secretary

General of the Council of Europe.

CHAPTER III [PROCEDURE]Article 7 [visits]

1. The Committee shall organise visits to places referred to in Article2. Apart from periodic visits, the Committee may organise such othervisits as appear to it to be required in the circumstances.

2. As a general rule, the visits shall be carried out by at least twomembers of the Committee. The Committee may, if it considers itnecessary, be assisted by experts and interpreters.

2 C.3EUROPEAN CONVENTION FOR THE PREVENTION OF TORTUREAND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

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Article 8 [procedure for visits]1. The Committee shall notify the Government of the Party concerned

of its intention to carry out a visit. After such notification, it may at anytime visit any place referred to in Article 2.

2. A Party shall provide the Committee with the following facilitiesto carry out its task:a) access to its territory and the right to travel without restriction;b) full information on the places where persons deprived of their libertyare being held;c) unlimited access to any place where persons are deprived of theirliberty, including the right to move inside such places without restriction;d) other information available to the Party which is necessary for theCommittee to carry out its task. In seeking such information, theCommittee shall have regard to applicable rules of national law andprofessional ethics.

3. The Committee may interview in private persons deprived of theirliberty.

4. The Committee may communicate freely with any person whomit believes can supply relevant information.

5. If necessary, the Committee may immediately communicateobservations to the competent authorities of the Party concerned.

Article 9 [representations against a visit]1. In exceptional circumstances, the competent authorities of the

Party concerned may make representations to the Committee against avisit at the time or to the particular place proposed by the Committee.Such representations may only be made on grounds of national defence,public safety, serious disorder in places where persons are deprived oftheir liberty, the medical condition of a person or that an urgentinterrogation relating to a serious crime is in progress.

2. Following such representations, the Committee and the Party shallimmediately enter into consultations in order to clarify the situationand seek agreement on arrangements to enable the Committee toexercise its functions expeditiously. Such arrangements may includethe transfer to another place of any person whom the Committeeproposed to visit. Until the visit takes place, the Party shall provideinformation to the Committee about any person concerned.

Article 10 [reporting, recommendations, non-improvement]1. After each visit, the Committee shall draw up a report on the facts

found during the visit, taking account of any observations which mayhave been submitted by the Party concerned. It shall transmit to thelatter its report containing any recommendations it considers necessary.The Committee may consult with the Party with a view to suggesting,if necessary, improvements in the protection of persons deprived oftheir liberty.

2. If the Party fails to co-operate or refuses to improve the situationin the light of the Committee’s recommendations, the Committee maydecide, after the Party has had an opportunity to make known its views,by a majority of two-thirds of its members to make a public statementon the matter.

Article 11 [confidentiality]1. The information gathered by the Committee in relation to a visit,

its report and its consultations with the Party concerned shall beconfidential.

2. The Committee shall publish its report, together with anycomments of the Party concerned, whenever requested to do so by thatParty.

3. However, no personal data shall be published without the expressconsent of the person concerned.

Article 12 [general report]Subject to the rules of confidentiality in Article 11, the Committee

shall every year submit to the Committee of Ministers a general reporton its activities which shall be transmitted to the Consultative Assemblyand to any non-member State of the Council of Europe which is a partyto the Convention, and made public.

Article 13 [staff confidentiality]The members of the Committee, experts and other persons assisting

the Committee are required, during and after their terms of office, tomaintain the confidentiality of the facts or information of which theyhave become aware during the discharge of their functions.

Article 14 [Committee staff]1. The names of persons assisting the Committee shall be specified

in the notification under Article 8, paragraph 1.2. Experts shall act on the instructions and under the authority of the

Committee. They shall have particular knowledge and experience inthe areas covered by this Convention and shall be bound by the sameduties of independence, impartiality and availability as the membersof the Committee.

3. A Party may exceptionally declare that an expert or other personassisting the Committee may not be allowed to take part in a visit to aplace within its jurisdiction.

CHAPTER IV [GENERAL PROVISIONS]Article 15 [competent authority]

Each Party shall inform the Committee of the name and address ofthe authority competent to receive notifications to its Government, andof any liaison officer it may appoint.

Article 16 [privileges and immunities]The Committee, its members and experts referred to in Article 7,

paragraph 2, shall enjoy the privileges and immunities set out in theannex to this Convention.

Article 17 [relations with other protection mechanisms]1. This Convention shall not prejudice the provisions of domestic

law or any international agreement which provide greater protectionfor persons deprived of their liberty.

2. Nothing in this Convention shall be construed as limiting orderogating from the competence of the organs of the EuropeanConvention on Human Rights or from the obligations assumed by theParties under that Convention.

3. The Committee shall not visit places which representatives ordelegates of protecting powers or the International Committee of theRed Cross effectively visit on a regular basis by virtue of the GenevaConventions of 12 August 1949 and the Additional Protocols of 8 June1977 thereto.

CHAPTER V [FINAL PROVISIONS]

Article 18 [signature]1.[ . . . ]2. The Committee of Ministers of the Council of Europe may invite

any non-member State of the Council of Europe to accede to theConvention.

Article 19 [entry into force]1. This Convention shall enter into force on the first day of the month

following the expiration of a period of three months after the date onwhich seven member States of the Council of Europe have expressedtheir consent to be bound by the Convention in accordance with theprovisions of Article 18.

2. In respect of any State which subsequently expresses its consentto be bound by it, the Convention shall enter into force on the first dayof the month following the expiration of a period of three months afterthe date of the deposit of the instrument of ratification, acceptance byapproval or accession.

Article 20 [territorial applications][ . . . ]

Article 21 [reservations]No reservation may be made in respect of the provisions of this

Convention.

Article 22 [denunciations][ . . . ]

Article 23 [depositary][ . . . ]

2 C.3 EUROPEAN CONVENTION FOR THE PREVENTION OF TORTUREAND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

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The member States of the Council of Europe and the other States,signatories to the present framework Convention,

Considering that the aim of the Council of Europe is to achievegreater unity between its members for the purpose of safeguarding andrealising the ideals and principles which are their common heritage;

Considering that one of the methods by which that aim is to bepursued is the maintenance and further realisation of human rights andfundamental freedoms;

Wishing to follow-up the Declaration of the Heads of State andGovernment of the member States of the Council of Europe adopted inVienna on 9 October 1993;

Being resolved to protect within their respective territories theexistence of national minorities;

Considering that the upheavals of European history have shown thatthe protection of national minorities is essential to stability, democraticsecurity and peace in this continent;

Considering that a pluralist and genuinely democratic society shouldnot only respect the ethnic, cultural, linguistic and religious identity ofeach person belonging to a national minority, but also create appropriateconditions enabling them to express, preserve and develop this identity;

Considering that the creation of a climate of tolerance and dialogueis necessary to enable cultural diversity to be a source and a factor, notof division, but of enrichment for each society;

Considering that the realisation of a tolerant and prosperous Europedoes not depend solely on co-operation between States but also requirestransfrontier co-operation between local and regional authorities withoutprejudice to the constitution and territorial integrity of each State;

Having regard to the Convention for the Protection of Human Rightsand Fundamental Freedoms and the Protocols thereto;

Having regard to the commitments concerning the protection ofnational minorities in United Nations conventions and declarations andin the documents of the Conference on Security and Co-operation inEurope, particularly the Copenhagen Document of 29 June 1990;

Being resolved to define the principles to be respected and theobligations which flow from them, in order to ensure, in the memberStates and such other States as may become Parties to the presentinstrument, the effective protection of national minorities and of therights and freedoms of persons belonging to those minorities, withinthe rule of law, respecting the territorial integrity and nationalsovereignty of states;

Being determined to implement the principles set out in thisframework Convention through national legislation and appropriategovernmental policies,


SECTION I [PRINCIPLES]Article 1 [protection of national minorities]

The protection of national minorities and of the rights and freedomsof persons belonging to those minorities forms an integral part of theinternational protection of human rights, and as such falls within thescope of international co-operation.

Article 2 [application in good faith]The provisions of this framework Convention shall be applied in

good faith, in a spirit of understanding and tolerance and in conformitywith the principles of good neighbourliness, friendly relations and co-operation between States.

Article 3 [right to choose to belong to minority]1. Every person belonging to a national minority shall have the right

freely to choose to be treated or not to be treated as such and nodisadvantage shall result from this choice or from the exercise of therights which are connected to that choice.

2. Persons belonging to national minorities may exercise the rightsand enjoy the freedoms flowing from the principles enshrined in thepresent framework Convention individually as well as in communitywith others.

SECTION II [RIGHTS GUARANTEED]Article 4 [equality rights]

1. The Parties undertake to guarantee to persons belonging to nationalminorities the right of equality before the law and of equal protectionof the law. In this respect, any discrimination based on belonging to anational minority shall be prohibited.

2. The Parties undertake to adopt, where necessary, adequatemeasures in order to promote, in all areas of economic, social, politicaland cultural life, full and effective equality between persons belongingto a national minority and those belonging to the majority. In this respect,they shall take due account of the specific conditions of the personsbelonging to national minorities.

3. The measures adopted in accordance with paragraph 2 shall notbe considered to be an act of discrimination.

Article 5 [promotion of minority culture, prohibition of forcedassimilation]

1. The Parties undertake to promote the conditions necessary forpersons belonging to national minorities to maintain and develop theirculture, and to preserve the essential elements of their identity, namelytheir religion, language, traditions and cultural heritage.

2. Without prejudice to measures taken in pursuance of their generalintegration policy, the Parties shall refrain from policies or practicesaimed at assimilation of persons belonging to national minorities againsttheir will and shall protect these persons from any action aimed at suchassimilation.

Article 6 [promotion of intercultural dialogue]1. The Parties shall encourage a spirit of tolerance and intercultural

dialogue and take effective measures to promote mutual respect andunderstanding and co-operation among all persons living on theirterritory, irrespective of those persons’ ethnic, cultural, linguistic orreligious identity, in particular in the fields of education, culture andthe media.

2. The Parties undertake to take appropriate measures to protectpersons who may be subject to threats or acts of discrimination, hostilityor violence as a result of their ethnic, cultural, linguistic or religiousidentity.

Article 7 [political rights]The Parties shall ensure respect for the right of every person

belonging to a national minority to freedom of peaceful assembly,freedom of association, freedom of expression, and freedom of thought,conscience and religion.

Article 8 [freedom of religion]The Parties undertake to recognise that every person belonging to a

national minority has the right to manifest his or her religion or beliefand to establish religious institutions, organisations and associations.

2 C.4 FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES

-signed for the Members of the Council of Europe on 1 February 1995 at Strasbourg-opened for signature and ratification on 1 February 1995-entered into force on 1 February 1998-ratified, etc.: 35 as per 15 July 2004; in addition, 7 states had signed but not yet ratified


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Article 9 [freedom of expression]1. The Parties undertake to recognise that the right to freedom of

expression of every person belonging to a national minority includesfreedom to hold opinions and to receive and impart information andideas in the minority language, without interference by public authoritiesand regardless of frontiers. The Parties shall ensure, within theframework of their legal systems, that persons belonging to a nationalminority are not discriminated against in their access to the media.

2. Paragraph 1 shall not prevent Parties from requiring the licensing,without discrimination and based on objective criteria, of sound radioand television broadcasting, or cinema enterprises.

3. The Parties shall not hinder the creation and the use of printedmedia by persons belonging to national minorities. In the legalframework of sound radio and television broadcasting, they shall ensure,as far as possible, and taking into account the provisions of paragraph1, that persons belonging to national minorities are granted thepossibility of creating and using their own media.

4. In the framework of their legal systems, the Parties shall adoptadequate measures in order to facilitate access to the media for personsbelonging to national minorities and in order to promote tolerance andpermit cultural pluralism.

Article 10 [right to minority language]1. The Parties undertake to recognise that every person belonging to

a national minority has the right to use freely and without interferencehis or her minority language, in private and in public, orally and inwriting.

2. In areas inhabited by persons belonging to national minoritiestraditionally or in substantial numbers, if those persons so request andwhere such a request corresponds to a real need, the Parties shallendeavour to ensure, as far as possible, the conditions which wouldmake it possible to use the minority language in relations between thosepersons and the administrative authorities.

3. The Parties undertake to guarantee the right of every personbelonging to a national minority to be informed promptly, in a languagewhich he or she understands, of the reasons for his or her arrest, and ofthe nature and cause of any accusation against him or her, and to defendhimself or herself in this language, if necessary with the free assistanceof an interpreter.

Article 11 [rights to names and inscriptions]1. The Parties undertake to recognise that every person belonging to

a national minority has the right to use his or her surname (patronym)and first names in the minority language and the right to officialrecognition of them, according to modalities provided for in their legalsystem.

2. The Parties undertake to recognise that every person belonging toa national minority has the right to display in his or her minoritylanguage signs, inscriptions and other information of a private naturevisible to the public.

3. In areas traditionally inhabited by substantial numbers of personsbelonging to a national minority, the Parties shall endeavour, in theframework of their legal system, including, where appropriate,agreements with other States, and taking into account their specificconditions, to display traditional local names, street names and othertopographical indications intended for the public also in the minoritylanguage when there is a sufficient demand for such indications.

Article 12 [state obligation to foster culture and history]1. The Parties shall, where appropriate, take measures in the fields

of education and research to foster knowledge of the culture, history,language and religion of their national minorities and of the majority.

2. In this context the Parties shall inter alia provide adequateopportunities for teacher training and access to textbooks, and facilitatecontacts among students and teachers of different communities.

3. The Parties undertake to promote equal opportunities for accessto education at all levels for persons belonging to national minorities.

Article 13 [right to manage educational establishments]1. Within the framework of their education systems, the Parties shall

recognise that persons belonging to a national minority have the rightto set up and to manage their own private educational and trainingestablishments.

2. The exercise of this right shall not entail any financial obligationfor the Parties.

Article 14 [rights to learn minority language]1. The Parties undertake to recognise that every person belonging to

a national minority has the right to learn his or her minority language.2. In areas inhabited by persons belonging to national minorities

traditionally or in substantial numbers, if there is sufficient demand,the Parties shall endeavour to ensure, as far as possible and within theframework of their education systems, that persons belonging to thoseminorities have adequate opportunities for being taught the minoritylanguage or for receiving instruction in this language.

3. Paragraph 2 of this article shall be implemented without prejudiceto the learning of the official language or the teaching in this language.

Article 15 [rights to participation]The Parties shall create the conditions necessary for the effective

participation of persons belonging to national minorities in cultural,social and economic life and in public affairs, in particular thoseaffecting them.

Article 16 [no interference, proportion of population]The Parties shall refrain from measures which alter the proportions

of the population in areas inhabited by persons belonging to nationalminorities and are aimed at restricting the rights and freedoms flowingfrom the principles enshrined in the present framework Convention.

Article 17 [right to cross frontier contacts]1. The Parties undertake not to interfere with the right of persons

belonging to national minorities to establish and maintain free andpeaceful contacts across frontiers with persons lawfully staying in otherStates, in particular those with whom they share an ethnic, cultural,linguistic or religious identity, or a common cultural heritage.

2. The Parties undertake not to interfere with the right of personsbelonging to national minorities to participate in the activities of non-governmental organisations, both at the national and international levels.

Article 18 [international agreements to ensure protection]1. The Parties shall endeavour to conclude, where necessary, bilateral

and multilateral agreements with other States, in particular neighbouringStates, in order to ensure the protection of persons belonging to thenational minorities concerned.

2. Where relevant, the Parties shall take measures to encouragetransfrontier co-operation.

Article 19 [permitted limitations]The Parties undertake to respect and implement the principles

enshrined in the present framework Convention making, wherenecessary, only those limitations, restrictions or derogations which areprovided for in international legal instruments, in particular theConvention for the Protection of Human Rights and FundamentalFreedoms, in so far as they are relevant to the rights and freedomsflowing from the said principles.

SECTION III [GENERAL PROVISIONS]Article 20 [minorities to respect national legislation]

In the exercise of the rights and freedoms flowing from the principlesenshrined in the present framework Convention, any person belongingto a national minority shall respect the national legislation and the rightsof others, in particular those of persons belonging to the majority or toother national minorities.

Article 21 [compliance with fundamental principles ofinternational law]

Nothing in the present framework Convention shall be interpretedas implying any right to engage in any activity or perform any actcontrary to the fundamental principles of international law and inparticular of the sovereign equality, territorial integrity and politicalindependence of States.


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Article 22 [Convention shall not limit or derogate human rightsand fundamental freedoms]

Nothing in the present framework Convention shall be construed aslimiting or derogating from any of the human rights and fundamentalfreedoms which may be ensured under the laws of any ContractingParty or under any other agreement to which it is a Party.

Article 23 [prevalence of the European Convention]The rights and freedoms flowing from the principles enshrined in

the present framework Convention, in so far as they are the subject ofa corresponding provision in the Convention for the Protection ofHuman Rights and Fundamental Freedoms or in the Protocols thereto,shall be understood so as to conform to the latter provisions.

SECTION IV [SUPERVISION]Article 24 [role of the Committee of Ministers]

1. The Committee of Ministers of the Council of Europe shall monitorthe implementation of this framework Convention by the ContractingParties.

2. The Parties which are not members of the Council of Europe shallparticipate in the implementation mechanism, according to modalitiesto be determined.

Article 25 [State reporting obligations]1. Within a period of one year following the entry into force of this

framework Convention in respect of a Contracting Party, the latter shalltransmit to the Secretary General of the Council of Europe fullinformation on the legislative and other measures taken to give effectto the principles set out in this framework Convention.

2. Thereafter, each Party shall transmit to the Secretary General on aperiodical basis and whenever the Committee of Ministers so requestsany further information of relevance to the implementation of thisframework Convention.

3. The Secretary General shall forward to the Committee of Ministersthe information transmitted under the terms of this article.

Article 26 [role Advisory Committee]1. In evaluating the adequacy of the measures taken by the Parties to

give effect to the principles set out in this framework Convention theCommittee of Ministers shall be assisted by an advisory committee,the members of which shall have recognised expertise in the field ofthe protection of national minorities.

2. The composition of this advisory committee and its procedureshall be determined by the Committee of Ministers within a period ofone year following the entry into force of this framework Convention.

SECTION V [FINAL PROVISIONS]Article 27 [signature and ratification]

This framework Convention shall be open for signature by themember States of the Council of Europe. Up until the date when theConvention enters into force, it shall also be open for signature by anyother State so invited by the Committee of Ministers. It is subject toratification, acceptance or approval. Instruments of ratification,acceptance or approval shall be deposited with the Secretary Generalof the Council of Europe.

Article 28 [entry into force]1. This framework Convention shall enter into force on the first day

of the month following the expiration of a period of three months afterthe date on which twelve member States of the Council of Europe haveexpressed their consent to be bound by the Convention in accordancewith the provisions of Article 27.

2. In respect of any member State which subsequently expresses itsconsent to be bound by it, the framework Convention shall enter intoforce on the first day of the month following the expiration of a periodof three months after the date of the deposit of the instrument ofratification, acceptance or approval.

Article 29 [accession by non-member States]1. After the entry into force of this framework Convention and after

consulting the Contracting States, the Committee of Ministers of theCouncil of Europe may invite to accede to the Convention, by a decisiontaken by the majority provided for in Article 20.d of the Statute of theCouncil of Europe, any non-member State of the Council of Europewhich, invited to sign in accordance with the provisions of Article 27,has not yet done so, and any other non-member State.

2. In respect of any acceding State, the framework Convention shallenter into force on the first day of the month following the expirationof a period of three months after the date of the deposit of the instrumentof accession with the Secretary General of the Council of Europe.

Article 30 [territorial application]1. Any State may at the time of signature or when depositing its

instrument of ratification, acceptance, approval or accession, specifythe territory or territories for whose international relations it isresponsible to which this framework Convention shall apply.

2. Any State may at any later date, by a declaration addressed to theSecretary General of the Council of Europe, extend the application ofthis framework Convention to any other territory specified in thedeclaration. In respect of such territory the framework Convention shallenter into force on the first day of the month following the expirationof a period of three months after the date of receipt of such declarationby the Secretary General.

3. Any declaration made under the two preceding paragraphs may,in respect of any territory specified in such declaration, be withdrawnby a notification addressed to the Secretary General. The withdrawalshall become effective on the first day of the month following theexpiration of a period of three months after the date of receipt of suchnotification by the Secretary General.

Article 31 [denunciation]1. Any Party may at any time denounce this framework Convention

by means of a notification addressed to the Secretary General of theCouncil of Europe.

2. Such denunciation shall become effective on the first day of themonth following the expiration of a period of six months after the dateof receipt of the notification by the Secretary General.

Article 32 [depository functions]The Secretary General of the Council of Europe shall notify the

member States of the Council, other signatory States and any Statewhich has acceded to this framework Convention, of:

a.) any signature;b) the deposit of any instrument of ratification, acceptance, approval

or accession;c) any date of entry into force of this framework Convention in

accordance with Articles 28, 29 and 30;d) any other act, notification or communication relating to this

framework Convention.

In witness whereof the undersigned, being duly authorised thereto, havesigned this framework Convention.

Done at Strasbourg, this 1st day of February 1995, in English andFrench, both texts being equally authentic, in a single copy which shallbe deposited in the archives of the Council of Europe. The SecretaryGeneral of the Council of Europe shall transmit certified copies to eachmember State of the Council of Europe and to any State invited to signor accede to this framework Convention.


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PREAMBLEThe member States of the Council of Europe signatory hereto,[. . . ]Have agreed as follows:

PART I GENERAL PROVISIONSArticle 1 Definitions

For the purposes of this Charter:a) “regional or minority languages” means languages that are:

i) traditionally used within a given territory of a State by nationals ofthat State who form a group numerically smaller than the rest of theState’s population; andii)different from the official language(s) of that State; it does not includeeither dialects of the official language(s) of the State or the languagesof migrants;

b) “territory in which the regional or minority language is used”means the geographical area in which the said language is the mode ofexpression of a number of people justifying the adoption of the variousprotective and promotional measures provided for in this Charter;

c) “non-territorial languages” means languages used by nationals ofthe State which differ from the language or languages used by the restof the State’s population but which, although traditionally used withinthe territory of the State, cannot be identified with a particular areathereof.

Article 2 Undertakings1. Each Party undertakes to apply the provisions of Part II to all the

regional or minority languages spoken within its territory and whichcomply with the definition in Article 1.

2. In respect of each language specified at the time of ratification,acceptance or approval, in accordance with Article 3, each Partyundertakes to apply a minimum of thirty-five paragraphs or sub-paragraphs chosen from among the provisions of Part III of the Charter,including at least three chosen from each of the Articles 8 and 12 andone from each of the Articles 9, 10, 11 and 13.

Article 3 Practical arrangements1. Each Contracting State shall specify in its instrument of

ratification, acceptance or approval, each regional or minority language,or official language which is less widely used on the whole or part ofits territory, to which the paragraphs chosen in accordance with Article2, paragraph 2, shall apply.

2. Any Party may, at any subsequent time, notify the SecretaryGeneral that it accepts the obligations arising out of the provisions ofany other paragraph of the Charter not already specified in its instrumentof ratification, acceptance or approval, or that it will apply paragraph 1of the present article to other regional or minority languages, or to otherofficial languages which are less widely used on the whole or part ofits territory.

3. The undertakings referred to in the foregoing paragraph shall bedeemed to form an integral part of the ratification, acceptance orapproval and will have the same effect as from their date of notification.

Article 4 Existing regimes of protection1. Nothing in this Charter shall be construed as limiting or derogating

from any of the rights guaranteed by the European Convention onHuman Rights.

2. The provisions of this Charter shall not affect any more favourableprovisions concerning the status of regional or minority languages, orthe legal regime of persons belonging to minorities which may exist ina Party or are provided for by relevant bilateral or multilateralinternational agreements.

2 C.5 THE EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES

-adopted by the Members of the Council of Europe in Strasbourg on 5 November 1992-opened for signature and ratification on 5 November 1992-entered into force on 1 March 1998-ratifications, etc.: 17 as per 15 July 2004. In addition, 12 States have signed but not ratified the Charter

Article 5 Existing obligationsNothing in this Charter may be interpreted as implying any right to

engage in any activity or perform any action in contravention of thepurposes of the Charter of the United Nations or other obligations underinternational law, including the principle of the sovereignty andterritorial integrity of States.

Article 6 InformationThe Parties undertake to see to it that the authorities, organisations

and persons concerned are informed of the rights and duties establishedby this Charter.

PART II OBJECTIVES AND PRINCIPLES PURSUED INACCORDANCE WITH ARTICLE 2, PARAGRAPH 1

Article 7 Objectives and principles1. In respect of regional or minority languages, within the territories

in which such languages are used and according to the situation ofeach language, the Parties shall base their policies, legislation andpractice on the following objectives and principles:a). the recognition of the regional or minority languages as an expressionof cultural wealth;b) the respect of the geographical area of each regional or minoritylanguage in order to ensure that existing or new administrative divisionsdo not constitute an obstacle to the promotion of the regional or minoritylanguage in question;c) the need for resolute action to promote regional or minority languagesin order to safeguard them;d) the facilitation and/or encouragement of the use of regional orminority languages, in speech and writing, in public and private life;e) the maintenance and development of links, in the fields covered bythis Charter, between groups using a regional or minority language andother groups in the State employing a language used in identical orsimilar form, as well as the establishment of cultural relations withother groups in the State using different languages;f) the provision of appropriate forms and means for the teaching andstudy of regional or minority languages at all appropriate stages;g) the provision of facilities enabling non-speakers of a regional orminority language living in the area where it is used to learn it if theyso desire;h) the promotion of study and research on regional or minority languagesat universities or equivalent institutions;i) the promotion of appropriate types of transnational exchanges, in thefields covered by this Charter, for regional or minority languages usedin identical or similar form in two or more States.

2. The Parties undertake to eliminate, if they have not yet done so,any unjustified distinction, exclusion, restriction or preference relatingto the use of a regional or minority language and intended to discourageor endanger the maintenance or development of it. The adoption ofspecial measures in favour of regional or minority languages aimed atpromoting equality between the users of these languages and the restof the population or which take due account of their specific conditionsis not considered to be an act of discrimination against the users ofmore widely-used languages.

3. The Parties undertake to promote, by appropriate measures, mu-tual understanding between all the linguistic groups of the country andin particular the inclusion of respect, understanding and tolerance inrelation to regional or minority languages among the objectives of edu-cation and training provided within their countries and encouragementof the mass media to pursue the same objective.

4. In determining their policy with regard to regional or minoritylanguages, the Parties shall take into consideration the needs and wishesexpressed by the groups which use such languages. They are encouraged


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to establish bodies, if necessary, for the purpose of advising theauthorities on all matters pertaining to regional or minority languages.

5. The Parties undertake to apply, mutatis mutandis, the principleslisted in paragraphs 1 to 4 above to non-territorial languages. However,as far as these languages are concerned, the nature and scope of themeasures to be taken to give effect to this Charter shall be determinedin a flexible manner, bearing in mind the needs and wishes, andrespecting the traditions and characteristics, of the groups which usethe languages concerned.

PART III MEASURES TO PROMOTE THE USE OF RE-GIONAL OR MINORITY LANGUAGES IN PUBLICLIFE IN ACCORDANCE WITH THE UNDERTAK-INGS ENTERED INTO UNDER ARTICLE 2, PARA-GRAPH 2

Article 8 Education1. With regard to education, the Parties undertake, within the territory

in which such languages are used, according to the situation of each ofthese languages, and without prejudice to the teaching of the officiallanguage(s) of the State:a) i) to make available pre-school education in the relevant regional

or minority languages; orii)to make available a substantial part of pre-school education in the

relevant regional or minority languages; oriii) to apply one of the measures provided for under i and ii above at

least to those pupils whose families so request and whose numberis considered sufficient; or

iv) if the public authorities have no direct competence in the field ofpre-school education, to favour and/or encourage the applicationof the measures referred to under i to iii above;

b) i) to make available primary education in the relevant regional orminority languages; or

ii)to make available a substantial part of primary education in therelevant regional or minority languages; or

iii) to provide, within primary education, for the teaching of therelevant regional or minority languages as an integral part of thecurriculum; or

iv) to apply one of the measures provided for under i to iii above atleast to those pupils whose families so request and whose numberis considered sufficient;

c) i) to make available secondary education in the relevant regionalor minority languages; or

ii)to make available a substantial part of secondary education in therelevant regional or minority languages; or

iii) to provide, within secondary education, for the teaching of therelevant regional or minority languages as an integral part of thecurriculum; or

iv) to apply one of the measures provided for under i to iii above atleast to those pupils who, or where appropriate whose families,so wish in a number considered sufficient;

d) i) to make available technical and vocational education in therelevant regional or minority languages; or

ii) to make available a substantial part of technical and vocationaleducation in the relevant regional or minority languages; or

iii) to provide, within technical and vocational education, for theteaching of the relevant regional or minority languages as anintegral part of the curriculum; or

iv) to apply one of the measures provided for under i to iii above atleast to those pupils who, or where appropriate whose families,so wish in a number considered sufficient;

e) i) to make available university and other higher education in regionalor minority languages; or

ii)to provide facilities for the study of these languages as universityand higher education subjects; or

iii) if, by reason of the role of the State in relation to higher educationinstitutions, sub-paragraphs i and ii cannot be applied, toencourage and/or allow the provision of university or other formsof higher education in regional or minority languages or offacilities for the study of these languages as university or highereducation subjects;

f) i) to arrange for the provision of adult and continuing educationcourses which are taught mainly or wholly in the regional orminority languages; or

ii) to offer such languages as subjects of adult and continuingeducation; or

iii) if the public authorities have no direct competence in the field ofadult education, to favour and/or encourage the offering of suchlanguages as subjects of adult and continuing education;

g) to make arrangements to ensure the teaching of the history and theculture which is reflected by the regional or minority language;h) to provide the basic and further training of the teachers required toimplement those of paragraphs a to g accepted by the Party;i) to set up a supervisory body or bodies responsible for monitoring themeasures taken and progress achieved in establishing or developingthe teaching of regional or minority languages and for drawing upperiodic reports of their findings, which will be made public.

2. With regard to education and in respect of territories other thanthose in which the regional or minority languages are traditionally used,the Parties undertake, if the number of users of a regional or minoritylanguage justifies it, to allow, encourage or provide teaching in or ofthe regional or minority language at all the appropriate stages ofeducation.

Article 9 Judicial authorities1. The Parties undertake, in respect of those judicial districts in which

the number of residents using the regional or minority languages justifiesthe measures specified below, according to the situation of each of theselanguages and on condition that the use of the facilities afforded by thepresent paragraph is not considered by the judge to hamper the properadministration of justice:a) in criminal proceedings:i) to provide that the courts, at the request of one of the parties,

shall conduct the proceedings in the regional or minoritylanguages; and/or

ii) to guarantee the accused the right to use his/her regional orminority language; and/or

iii) to provide that requests and evidence, whether written or oral,shall not be considered inadmissible solely because they areformulated in a regional or minority language; and/or

iv) to produce, on request, documents connected with legalproceedings in the relevant regional or minority language, ifnecessary by the use of interpreters and translations involving noextra expense for the persons concerned;

b) in civil proceedings:i) to provide that the courts, at the request of one of the parties,

shall conduct the proceedings in the regional or minoritylanguages; and/or

ii) to allow, whenever a litigant has to appear in person before acourt, that he or she may use his or her regional or minoritylanguage without thereby incurring additional expense; and/or

iii) to allow documents and evidence to be produced in the regionalor minority languages, if necessary by the use of interpreters andtranslations;

c) in proceedings before courts concerning administrative matters:i) to provide that the courts, at the request of one of the parties,

hall conduct the proceedings in the regional or minority languages;and/or

ii) to allow, whenever a litigant has to appear in person before acourt, that he or she may use his or her regional or minoritylanguage without thereby incurring additional expense; and/or

iii) to allow documents and evidence to be produced in the regionalor minority languages, if necessary by the use of interpreters andtranslations;

d) to take steps to ensure that the application of sub-paragraphs i and iiiof paragraphs b and c above and any necessary use of interpreters andtranslations does not involve extra expense for the persons concerned.

2. The Parties undertake:a) not to deny the validity of legal documents drawn up within theState solely because they are drafted in a regional or minority language;orb) not to deny the validity, as between the parties, of legal documentsdrawn up within the country solely because they are drafted in a regionalor minority language, and to provide that they can be invoked againstinterested third parties who are not users of these languages on conditionthat the contents of the document are made known to them by theperson(s) who invoke(s) it; or


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c) not to deny the validity, as between the parties, of legal documentsdrawn up within the country solely because they are drafted in a regionalor minority language.

3 The Parties undertake to make available in the regional or minoritylanguages the most important national statutory texts and those relatingparticularly to users of these languages, unless they are otherwiseprovided.

Article 10 Administrative authorities and public services1. Within the administrative districts of the State in which the number

of residents who are users of regional or minority languages justifiesthe measures specified below and according to the situation of eachlanguage, the Parties undertake, as far as this is reasonably possible:a) i) to ensure that the administrative authorities use the regional or

minority languages; orii) to ensure that such of their officers as are in contact with the

public use the regional or minority languages in their relationswith persons applying to them in these languages; or

iii) to ensure that users of regional or minority languages may submitoral or written applications and receive a reply in these languages;or

iv) to ensure that users of regional or minority languages may submitoral or written applications in these languages; or

v) to ensure that users of regional or minority languages may validlysubmit a document in these languages;

b) to make available widely used administrative texts and forms for thepopulation in the regional or minority languages or in bilingual versions;c) to allow the administrative authorities to draft documents in a regionalor minority language.

2. In respect of the local and regional authorities on whose territorythe number of residents who are users of regional or minority languagesis such as to justify the measures specified below, the Parties undertaketo allow and/or encourage:a) the use of regional or minority languages within the framework ofthe regional or local authority;b) the possibility for users of regional or minority languages to submitoral or written applications in these languages;c) the publication by regional authorities of their official documentsalso in the relevant regional or minority languages;d) the publication by local authorities of their official documents alsoin the relevant regional or minority languages;e) the use by regional authorities of regional or minority languages indebates in their assemblies, without excluding, however, the use of theofficial language(s) of the State;f) the use by local authorities of regional or minority languages indebates in their assemblies, without excluding, however, the use of theofficial language(s) of the State;g) the use or adoption, if necessary in conjunction with the name in theofficial language(s), of traditional and correct forms of place-names inregional or minority languages.

3. With regard to public services provided by the administrativeauthorities or other persons acting on their behalf, the Parties undertake,within the territory in which regional or minority languages are used,in accordance with the situation of each language and as far as this isreasonably possible:a) to ensure that the regional or minority languages are used in theprovision of the service; orb) to allow users of regional or minority languages to submit a requestand receive a reply in these languages; orc) to allow users of regional or minority languages to submit a requestin these languages.

4. With a view to putting into effect those provisions of paragraphs1, 2 and 3 accepted by them, the Parties undertake to take one or moreof the following measures:a) translation or interpretation as may be required;b) recruitment and, where necessary, training of the officials and otherpublic service employees required;c) compliance as far as possible with requests from public serviceemployees having a knowledge of a regional or minority language tobe appointed in the territory in which that language is used.

5. The Parties undertake to allow the use or adoption of family namesin the regional or minority languages, at the request of those concerned.

Article 11 Media1. The Parties undertake, for the users of the regional or minority

languages within the territories in which those languages are spoken,according to the situation of each language, to the extent that the publicauthorities, directly or indirectly, are competent, have power or play arole in this field, and respecting the principle of the independence andautonomy of the media:a) to the extent that radio and television carry out a public servicemission:i) to ensure the creation of at least one radio station and one

television channel in the regional or minority languages; orii) to encourage and/or facilitate the creation of at least one radio

station and one television channel in the regional or minoritylanguages; or

iii) to make adequate provision so that broadcasters offer programmesin the regional or minority languages;

b) i) to encourage and/or facilitate the creation of at least one radiostation in the regional or minority languages; or

ii) to encourage and/or facilitate the broadcasting of radioprogrammes in the regional or minority languages on a regularbasis;

c) i) to encourage and/or facilitate the creation of at least one televisionchannel in the regional or minority languages; or

ii) to encourage and/or facilitate the broadcasting of televisionprogrammes in the regional or minority languages on a regularbasis;

d) to encourage and/or facilitate the production and distribution of audioand audiovisual works in the regional or minority languages;e) i) to encourage and/or facilitate the creation and/or maintenance of

at least one newspaper in the regional or minority languages; orii) to encourage and/or facilitate the publication of newspaper articles

in the regional or minority languages on a regular basis;f) i) to cover the additional costs of those media which use regional

or minority languages, wherever the law provides for financialassistance in general for the media; or

ii) to apply existing measures for financial assistance also toaudiovisual productions in the regional or minority languages;

g) to support the training of journalists and other staff for media usingregional or minority languages.

2.The Parties undertake to guarantee freedom of direct reception ofradio and television broadcasts from neighbouring countries in alanguage used in identical or similar form to a regional or minoritylanguage, and not to oppose the retransmission of radio and televisionbroadcasts from neighbouring countries in such a language. Theyfurther undertake to ensure that no restrictions will be placed on thefreedom of expression and free circulation of information in the writtenpress in a language used in identical or similar form to a regional orminority language. The exercise of the above-mentioned freedoms, sinceit carries with it duties and responsibilities, may be subject to suchformalities, conditions, restrictions or penalties as are prescribed bylaw and are necessary in a democratic society, in the interests of nationalsecurity, territorial integrity or public safety, for the prevention ofdisorder or crime, for the protection of health or morals, for theprotection of the reputation or rights of others, for preventing disclosureof information received in confidence, or for maintaining the authorityand impartiality of the judiciary.

3. The Parties undertake to ensure that the interests of the users ofregional or minority languages are represented or taken into accountwithin such bodies as may be established in accordance with the lawwith responsibility for guaranteeing the freedom and pluralism of themedia.

Article 12 Cultural activities and facilities1 With regard to cultural activities and facilities - especially

libraries, video libraries, cultural centres, museums, archives,academies, theatres and cinemas, as well as literary work and filmproduction, vernacular forms of cultural expression, festivals and theculture industries, including inter alia the use of new technologies - theParties undertake, within the territory in which such languages are usedand to the extent that the public authorities are competent, have poweror play a role in this field:a) to encourage types of expression and initiative specific to regionalor minority languages and foster the different means of access to worksproduced in these languages;


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b) to foster the different means of access in other languages to worksproduced in regional or minority languages by aiding and developingtranslation, dubbing, post-synchronisation and subtitling activities;c) to foster access in regional or minority languages to works producedin other languages by aiding and developing translation, dubbing, post-synchronisation and subtitling activities;d) to ensure that the bodies responsible for organising or supportingcultural activities of various kinds make appropriate allowance forincorporating the knowledge and use of regional or minority languagesand cultures in the undertakings which they initiate or for which theyprovide backing;e) to promote measures to ensure that the bodies responsible fororganising or supporting cultural activities have at their disposal staffwho have a full command of the regional or minority languageconcerned, as well as of the language(s) of the rest of the population;f) to encourage direct participation by representatives of the users of agiven regional or minority language in providing facilities and planningcultural activities;g) to encourage and/or facilitate the creation of a body or bodiesresponsible for collecting, keeping a copy of and presenting orpublishing works produced in the regional or minority languages;h) if necessary, to create and/or promote and finance translation andterminological research services, particularly with a view to maintainingand developing appropriate administrative, commercial, economic,social, technical or legal terminology in each regional or minoritylanguage.

2. In respect of territories other than those in which the regional orminority languages are traditionally used, the Parties undertake, if thenumber of users of a regional or minority language justifies it, to allow,encourage and/or provide appropriate cultural activities and facilitiesin accordance with the preceding paragraph.

3. The Parties undertake to make appropriate provision, in pursuingtheir cultural policy abroad, for regional or minority languages and thecultures they reflect.

Article 13 Economic and social life1. With regard to economic and social activities, the Parties undertake,

within the whole country:a) to eliminate from their legislation any provision prohibiting orlimiting without justifiable reasons the use of regional or minoritylanguages in documents relating to economic or social life, particularlycontracts of employment, and in technical documents such asinstructions for the use of products or installations;b) to prohibit the insertion in internal regulations of companies andprivate documents of any clauses excluding or restricting the use ofregional or minority languages, at least between users of the samelanguage;c) to oppose practices designed to discourage the use of regional orminority languages in connection with economic or social activities;d) to facilitate and/or encourage the use of regional or minoritylanguages by means other than those specified in the above sub-paragraphs.

2. With regard to economic and social activities, the Parties undertake,in so far as the public authorities are competent, within the territory inwhich the regional or minority languages are used, and as far as this isreasonably possible:a) to include in their financial and banking regulations provisions whichallow, by means of procedures compatible with commercial practice,the use of regional or minority languages in drawing up payment orders(cheques, drafts, etc.) or other financial documents, or, whereappropriate, to ensure the implementation of such provisions;b) in the economic and social sectors directly under their control (publicsector), to organise activities to promote the use of regional or minoritylanguages;c) to ensure that social care facilities such as hospitals, retirement homesand hostels offer the possibility of receiving and treating in their ownlanguage persons using a regional or minority language who are inneed of care on grounds of ill-health, old age or for other reasons;d) to ensure by appropriate means that safety instructions are also drawnup in regional or minority languages;e) to arrange for information provided by the competent publicauthorities concerning the rights of consumers to be made available inregional or minority languages.

Article 14 Transfrontier exchangesThe Parties undertake:a) to apply existing bilateral and multilateral agreements which bind

them with the States in which the same language is used in identical orsimilar form, or if necessary to seek to conclude such agreements, insuch a way as to foster contacts between the users of the same languagein the States concerned in the fields of culture, education, information,vocational training and permanent education;

b) for the benefit of regional or minority languages, to facilitate and/or promote co-operation across borders, in particular between regionalor local authorities in whose territory the same language is used inidentical or similar form.

PART IV APPLICATION OF THE CHARTERArticle 15 Periodical reports

1. The Parties shall present periodically to the Secretary General ofthe Council of Europe, in a form to be prescribed by the Committee ofMinisters, a report on their policy pursued in accordance with Part II ofthis Charter and on the measures taken in application of those provisionsof Part III which they have accepted. The first report shall be presentedwithin the year following the entry into force of the Charter with respectto the Party concerned, the other reports at three-yearly intervals afterthe first report.

2. The Parties shall make their reports public.

Article 16 Examination of the reports1. The reports presented to the Secretary General of the Council of

Europe under Article 15 shall be examined by a committee of expertsconstituted in accordance with Article 17.

2. Bodies or associations legally established in a Party may draw theattention of the committee of experts to matters relating to theundertakings entered into by that Party under Part III of this Charter.After consulting the Party concerned, the committee of experts maytake account of this information in the preparation of the report specifiedin paragraph 3 below. These bodies or associations can furthermoresubmit statements concerning the policy pursued by a Party inaccordance with Part II.

3. On the basis of the reports specified in paragraph 1 and theinformation mentioned in paragraph 2, the committee of experts shallprepare a report for the Committee of Ministers. This report shall beaccompanied by the comments which the Parties have been requestedto make and may be made public by the Committee of Ministers.

4. The report specified in paragraph 3 shall contain in particular theproposals of the committee of experts to the Committee of Ministersfor the preparation of such recommendations of the latter body to oneor more of the Parties as may be required.

5. The Secretary General of the Council of Europe shall make atwo-yearly detailed report to the Parliamentary Assembly on theapplication of the Charter.

Article 17 Committee of experts1. The committee of experts shall be composed of one member per

Party, appointed by the Committee of Ministers from a list of individualsof the highest integrity and recognised competence in the matters dealtwith in the Charter, who shall be nominated by the Party concerned.

2. Members of the committee shall be appointed for a period of sixyears and shall be eligible for reappointment. A member who is unableto complete a term of office shall be replaced in accordance with theprocedure laid down in paragraph 1, and the replacing member shallcomplete his predecessor’s term of office.

3. The committee of experts shall adopt rules of procedure. Itssecretarial services shall be provided by the Secretary General of theCouncil of Europe.

Part V Final provisionsArticles 18 to 23

[ . . ]


198

We, Heads of State and Government of the Council of Europemember States,

Convinced that the diversity of traditions and cultures has forcenturies been one of Europe’s riches and that the principle of toleranceis the guarantee of the maintenance in Europe of an open societyrespecting the cultural diversity to which we are attached;

Convinced that to bring about a democratic and pluralist societyrespecting the equal dignity of all human beings remains one of theprime objectives of European construction;

Alarmed by the present resurgence of racism, xenophobia andantisemitism, the development of a climate of intolerance, the increasein acts of violence, notably against migrants and people of immigrantorigin, and the degrading treatment and discriminatory practicesaccompanying them;

Equally alarmed also by the development of aggressive nationalismand ethnocentrism which constitute new expressions of xenophobia;

Concerned at the deterioration of the economic situation, whichthreatens the cohesion of European societies by generating forms ofexclusion likely to foster social tensions and manifestations ofxenophobia;

Convinced that these manifestations of intolerance threatendemocratic societies and their fundamental values and undermine thefoundations of European construction;

Confirming the Declaration of 14 May 1981 of the Committee ofMinisters in which the latter already solemnly condemned all forms ofintolerance and the acts of violence that they engender;

Reaffirming the values of solidarity which must inspire all membersof society in order to reduce marginalisation and social exclusion;

Convinced furthermore that Europe’s future demands fromindividuals and from groups not only tolerance but also the will to acttogether, combining their diverse contributions,

Condemn in the strongest possible terms racism in all its forms,xenophobia, antisemitism and intolerance and all forms of religiousdiscrimination;

Encourage member States to continue efforts already undertaken toeliminate these phenomena, and commit ourselves to strengtheningnational laws and international instruments and taking appropriatemeasures at national and European level;

Undertake to combat all ideologies, policies and practicesconstituting an incitement to racial hatred, violence and discrimination,as well as any action or language likely to strengthen fears and tensionsbetween groups from different racial, ethnic, national, religious or socialbackgrounds;

Launch an urgent appeal to European peoples, groups and citizens,and young people in particular, that they resolutely engage in combatingall forms of intolerance and that they actively participate in theconstruction of a European society based on common values,characterised by democracy, tolerance and solidarity.

To this end, we instruct the Committee of Ministers to develop andimplement as soon as possible the following plan of action and mobilisethe necessary financial resources.

Plan of Action1. [launch a campaign to promote tolerance]

Launch a broad European Youth Campaign to mobilise the public infavour of a tolerant society based on the equal dignity of all its membersand against manifestations of racism, xenophobia, antisemitism andintolerance.

This campaign, co-ordinated by the Council of Europe in co-operation with the European Youth Organisations will have a nationaland local dimension through the creation of national committees.

It will aim in particular at stimulating pilot projects involving allsections of society.

2. [invite member States to combat racism etc.]Invite member States to reinforce guarantees against all forms of

discrimination based on race, national or ethnic origin or on religion,and to this end to:- re-examine without delay their legislation and regulations with aview to eliminating provisions likely to generate discrimination basedon any of these reasons or likely to sustain prejudice;- assure effective implementation of legislation aimed at combatingracism and discrimination;- reinforce and implement preventive measures to combat racism,xenophobia, anti-semitism and intolerance, giving special attention toawareness-raising and confidence-building measures.

3. [European Commission against Racism and Intolerance]Establish a Committee of governmental Experts with a mandate to:

- review member States’ legislation, policies and other measures tocombat racism, xenophobia, anti-semitism and intolerance, and theireffectiveness;-propose further action at local, national and European level;-formulate general policy recommendations to member States;- study international legal instruments applicable in the matter with aview to their reinforcement where appropriate.

The Committee of Experts will report regularly to the Committee ofMinisters, which will seek the opinions of the relevant SteeringCommittees.

Further modalities for the functioning of this new mechanism shouldbe decided by the Committee of Ministers.

4. [reinforce co-operation in Europe]Reinforce mutual understanding and confidence between people

through the Council of Europe’s co-operation and assistanceprogrammes. Work in this area would focus in particular on:- studying the deep-seated causes of intolerance and consideringremedies, notably by means of a seminar and support for researchprogrammes:- promoting education in the fields of human rights and respect forcultural diversity;- strengthening programmes aimed at eliminating prejudice in theteaching of history by emphasising positive mutual influence betweendifferent countries, religions and ideas in the historical development ofEurope;- encouraging transfrontier co-operation between local authorities soas to boost confidence;- intensifying co-operative work in the fields of intercommunityrelations and equality of opportunities;- developing policies to combat social exclusion and extreme poverty.

5. [plan implementation]Request the media professions to report and comment on acts of

racism and intolerance factually and responsibly, and to continue todevelop professional codes of ethics which reflect these requirements.

In the execution of this Plan, the Council of Europe will take dueaccount of the work of UNESCO in the field of tolerance, in particularpreparations for a “Year of Tolerance” in 1995.

A first report on implementation of the Plan of Action will besubmitted to the Committee of Ministers at its 94th Session in May1994.

2 C.6 DECLARATION AND PLAN OF ACTION ON COMBATING RACISM, XENOPHOBIA,ANTISEMITISM AND INTOLERANCE

-proclaimed in Vienna, 9 October 1993, by the Heads of State and Government of the member States of the Councilof Europe, meeting at the Vienna summit conference. Declaration attached as appendix III to the Vienna Declarationof the same date

2 C.6 DECLARATION AND PLAN OF ACTION ON COMBATING RACISM, XENOPHOBIA,ANTISEMITISM AND INTOLERANCE

199

His Majesty the King of the Belgians, her Majesty de Queen ofDenmark, the President of the Federal Republic of Germany, [etc. . . . ]

[ . . . ]Confirming their attachment to the principles of liberty, democracy

and respect for human rights and fundamental freedoms and of the ruleof law,

Confirming their attachment to fundamental social rights as definedin the European Social Charter signed at Turin on 18 October 1961 andin the 1989 Community Charter of the Fundamental Social Rights ofWorkers,

Desiring to deepen the solidarity between their peoples whilerespecting their history, their culture and their traditions,

Desiring to enhance further the democratic and efficient functioningof the institutions so as to enable them better to carry out, within asingle institutional framework, the tasks entrusted to them,

Resolved to achieve the strengthening and the convergence of theireconomies and to establish an economic and monetary union including,in accordance with the provisions of this treaty, a single and stablecurrency,

Determined to promote economic and social progress for theirpeoples, taking into account the principle of sustainable developmentand within the context of the accomplishment of the internal marketand of reinforced cohesion and environmental protection, and toimplement policies ensuring that advances in economic integration areaccompanied by parallel progress in other fields,

Resolved to establish a citizenship common to nationals of theircountries,

Resolved to implement a common foreign and security policyincluding the progressive framing of a common defence policy, whichmight lead to a common defence in accordance with the provisions ofArticle 17, thereby reinforcing the European identity and itsindependence in order to promote peace, security and progress in Europeand in the world,

Resolved to facilitate the free movement of persons, while ensuringthe safety and security of their peoples, by establishing an area offreedom, security and justice, in accordance with the provisions of thistreaty,

Resolved to continue the process of creating an ever closer unionamong the peoples of Europe, in which decisions are taken as closelyas possible to the citizen in accordance with the principle of subsidiarity,

In view of further steps to be taken in order to advance Europeanintegration,

Have decided to establish a European union and to this end havedesignated as their plenipotentiaries: [ . . ]

who, having exchanged their full powers, found in good and dueform, have agreed as follows.

TITLE I COMMON PROVISIONSArticle 1[purpose of the treaty]

By this Treaty, the HIGH CONTRACTING PARTIES establishamong themselves a EUROPEAN UNION, hereinafter called “theUnion’.

This Treaty marks a new stage in the process of creating an evercloser union among the peoples of Europe, in which decisions are takenas openly as possible and as closely as possible to the citizen.

The Union shall be founded on the European Communities,supplemented by the policies and forms of cooperation established bythis Treaty. Its task shall be to organise, in a manner demonstratingconsistency and solidarity, relations between the Member States andbetween their peoples.

Article 2[objectives]The Union shall set itself the following objectives:-to promote economic and social progress and a high level of

employment and to achieve balanced and sustainable development, inparticular through the creation of an area without internal frontiers,through the strengthening of economic and social cohesion and through

the establishment of economic and monetary union, ultimately includinga single currency in accordance with the provisions of this Treaty;

-to assert its identity on the international scene, in particular throughthe implementation of a common foreign and security policy includingthe progressive framing of a common defence policy, which might leadto a common defence, in accordance with the provisions of Article 17;

-to strengthen the protection of the rights and interests of the nationalsof its Member States through the introduction of a citizenship of theUnion;

-to maintain and develop the Union as an area of freedom, securityand justice, in which the free movement of persons is assured inconjunction with appropriate measures with respect to external bordercontrols, asylum, immigration and the prevention and combating ofcrime;

-to maintain in full the acquis communautaire and build on it with aview to considering to what extent the policies and forms of cooperationintroduced by this Treaty may need to be revised with the aim ofensuring the effectiveness of the mechanisms and the institutions ofthe Community.

The objectives of the Union shall be achieved as provided in thisTreaty and in accordance with the conditions and the timetable set outtherein while respecting the principle of subsidiarity as defined in Article5 of the Treaty establishing the European Community.

Article 6[fundamental elements of the Union]1. The Union is founded on the principles of liberty, democracy,

respect for human rights and fundamental freedoms, and the rule oflaw, principles which are common to the Member States.

2. The Union shall respect fundamental rights, as guaranteed by theEuropean Convention for the Protection of Human Rights andFundamental Freedoms signed in Rome on 4 November 1950 and asthey result from the constitutional traditions common to the MemberStates, as general principles of Community law.

3. The Union shall respect the national identities of its Member States4. The Union shall provide itself with the means necessary to attain

its objectives and carry through its policies.

TITLE V PROVISIONS ON A COMMON FOREIGN ANDSECURITY POLICY

Article 11 [foreign and security policy objectives]1. The Union shall define and implement a common foreign and

security policy covering all areas of foreign and security policy, theobjectives of which shall be:

-to safeguard the common values, fundamental interests, indepen-dence and integrity of the Union in conformity with the principles ofthe United Nations Charter;

-to strengthen the security of the Union in all ways;-to preserve peace and strengthen international security, in accordance

with the principles of the United Nations Charter, as well as theprinciples of the Helsinki Final Act and the objectives of the ParisCharter, including those on external borders;

-to promote international cooperation;-to develop and consolidate democracy and the rule of law, and

respect for human rights and fundamental freedoms.2. The Member States shall support the Union’s external and security

policy actively and unreservedly in a spirit of loyalty and mutualsolidarity.

The Member States shall work together to enhance and develop theirmutual political solidarity. They shall refrain from any action which iscontrary to the interests of the Union or likely to impair its effectivenessas a cohesive force in international relations.The Council shall ensure that these principles are complied with.

2 D.1 CONSOLIDATED VERSION OF THE TREATY ON EUROPEAN UNION

-done at Maastricht on 7 February 1992. Entry into force November 1993-excerpts of 54 articles

2 D.1 CONSOLIDATED VERSION OF THE TREATY ON EUROPEAN UNION

200

2 D.2 CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

-adopted by the European Parliament, the European Council and the European Commission in Nice on 7 December 2000

The Peoples of Europe, in creating an ever closer union among them,are resolved to share a peaceful future based on common values.

[ . . .]The Union therefore recognises the rights, freedoms and principles

set out hereafter.

CHAPTER I DIGNITYArticle 1 Human dignity

Human dignity is inviolable. It must be respected and protected.

Article 2 Right to life1. Everyone has the right to life.2. No one shall be condemned to the death penalty, or executed.

Article 3 Right to the integrity of the person1. Everyone has the right to respect for his or her physical and mental

integrity.2. In the fields of medicine and biology, the following must be

respected in particular:- the free and informed consent of the person concerned, according tothe procedures laid down by law,- the prohibition of eugenic practices, in particular those aiming at theselection of persons,- the prohibition on making the human body and its parts as such asource of financial gain,- the prohibition of the reproductive cloning of human beings.

Article 4 Prohibition of torture and inhuman or degradingtreatment or punishment

No one shall be subjected to torture or to inhuman or degradingtreatment or punishment.

Article 5 Prohibition of slavery and forced labour1. No one shall be held in slavery or servitude.2. No one shall be required to perform forced or compulsory labour.3. Trafficking in human beings is prohibited.

CHAPTER II FREEDOMSArticle 6 Right to liberty and security

Everyone has the right to liberty and security of person.

Article 7 Respect for private and family lifeEveryone has the right to respect for his or her private and family

life, home and communications.

Article 8 Protection of personal data1. Everyone has the right to the protection of personal data concerning

him or her.2. Such data must be processed fairly for specified purposes and on

the basis of the consent of the person concerned or some other legitimatebasis laid down by law. Everyone has the right of access to data whichhas been collected concerning him or her, and the right to have itrectified.

3. Compliance with these rules shall be subject to control by anindependent authority.

Article 9 Right to marry and right to found a familyThe right to marry and the right to found a family shall be guaranteed

in accordance with the national laws governing the exercise of theserights.

Article 10 Freedom of thought, conscience and religion1. Everyone has the right to freedom of thought, conscience and

religion. This right includes freedom to change religion or belief andfreedom, either alone or in community with others and in public or in

private, to manifest religion or belief, in worship, teaching, practiceand observance.

2. The right to conscientious objection is recognised, in accordancewith the national laws governing the exercise of this right.

Article 11 Freedom of expression and information1. Everyone has the right to freedom of expression. This right shall

include freedom to hold opinions and to receive and impart informationand ideas without interference by public authority and regardless offrontiers.

2. The freedom and pluralism of the media shall be respected.

Article 12 Freedom of assembly and of association1. Everyone has the right to freedom of peaceful assembly and to

freedom of association at all levels, in particular in political, trade unionand civic matters, which implies the right of everyone to form and tojoin trade unions for the protection of his or her interests.

2. Political parties at Union level contribute to expressing the politicalwill of the citizens of the Union.

Article 13 Freedom of the arts and sciencesThe arts and scientific research shall be free of constraint. Academic

freedom shall be respected.

Article 14 Right to education1. Everyone has the right to education and to have access to vocational

and continuing training.2. This right includes the possibility to receive free compulsory

education.3. The freedom to found educational establishments with due respect

for democratic principles and the right of parents to ensure the educationand teaching of their children in conformity with their religious,philosophical and pedagogical convictions shall be respected, inaccordance with the national laws governing the exercise of suchfreedom and right.

Article 15 Freedom to choose an occupation and right to engagein work

1. Everyone has the right to engage in work and to pursue a freelychosen or accepted occupation.

2. Every citizen of the Union has the freedom to seek employment,to work, to exercise the right of establishment and to provide servicesin any Member State.

3. Nationals of third countries who are authorised to work in theterritories of the Member States are entitled to working conditionsequivalent to those of citizens of the Union.

Article 16 Freedom to conduct a businessThe freedom to conduct a business in accordance with Community

law and national laws and practices is recognised.

Article 17 Right to property1. Everyone has the right to own, use, dispose of and bequeath his or

her lawfully acquired possessions. No one may be deprived of his orher possessions, except in the public interest and in the cases and underthe conditions provided for by law, subject to fair compensation beingpaid in good time for their loss. The use of property may be regulatedby law insofar as is necessary for the general interest.

2. Intellectual property shall be protected.

Article 18 Right to asylumThe right to asylum shall be guaranteed with due respect for the

rules of the Geneva Convention of 28 July 1951 and the Protocol of 31January 1967 relating to the status of refugees and in accordance withthe Treaty establishing the European Community.


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Article 19 Protection against removal, expulsion or extradition1. Collective expulsions are prohibited.2. No one may be removed, expelled or extradited to a State where

there is a serious risk that he or she would be subjected to the deathpenalty, torture or other inhuman or degrading treatment or punishment.

CHAPTER III EQUALITYArticle 20 Equality before the law

Everyone is equal before the law.

Article 21. Non-discrimination1. Any discrimination based on any ground such as sex, race, colour,

ethnic or social origin, genetic features, language, religion or belief,political or any other opinion, membership of a national minority,property, birth, disability, age or sexual orientation shall be prohibited.

2. Within the scope of application of the Treaty establishing theEuropean Community and of the Treaty on European Union, and withoutprejudice to the special provisions of those Treaties, any discriminationon grounds of nationality shall be prohibited.

Article 22. Cultural, religious and linguistic diversityThe Union shall respect cultural, religious and linguistic diversity.

Article 23 Equality between men and womenEquality between men and women must be ensured in all areas,

including employment, work and pay.The principle of equality shall not prevent the maintenance or

adoption of measures providing for specific advantages in favour ofthe under-represented sex.

Article 24 The rights of the child1. Children shall have the right to such protection and care as is

necessary for their well-being. They may express their views freely.Such views shall be taken into consideration on matters which concernthem in accordance with their age and maturity.

2. In all actions relating to children, whether taken by publicauthorities or private institutions, the child’s best interests must be aprimary consideration.

3. Every child shall have the right to maintain on a regular basis apersonal relationship and direct contact with both his or her parents,unless that is contrary to his or her interests.

Article 25 The rights of the elderlyThe Union recognises and respects the rights of the elderly to lead alife of dignity and independence and to participate in social and culturallife.

Article 26 Integration of persons with disabilitiesThe Union recognises and respects the right of persons with

disabilities to benefit from measures designed to ensure theirindependence, social and occupational integration and participation inthe life of the community.

CHAPTER IV SOLIDARITYArticle 27 Workers’ right to information and consultation

within the undertakingWorkers or their representatives must, at the appropriate levels, beguaranteed information and consultation in good time in the cases andunder the conditions provided for by Community law and national lawsand practices.

Article 28 Right of collective bargaining and actionWorkers and employers, or their respective organisations, have, inaccordance with Community law and national laws and practices, theright to negotiate and conclude collective agreements at the appropriatelevels and, in cases of conflicts of interest, to take collective action todefend their interests, including strike action.

Article 29 Right of access to placement servicesEveryone has the right of access to a free placement service.

Article 30 Protection in the event of unjustified dismissalEvery worker has the right to protection against unjustified dismissal,

in accordance with Community law and national laws and practices.

Article 31 Fair and just working conditions1. Every worker has the right to working conditions which respect

his or her health, safety and dignity.2. Every worker has the right to limitation of maximum working

hours, to daily and weekly rest periods and to an annual period of paidleave.

Article 32 Prohibition of child labour and protection of youngpeople at work

The employment of children is prohibited.The minimum age of admission to employment may not be lower

than the minimum school-leaving age, without prejudice to such rulesas may be more favourable to young people and except for limitedderogations.

Young people admitted to work must have working conditionsappropriate to their age and be protected against economic exploitationand any work likely to harm their safety, health or physical, mental,moral or social development or to interfere with their education.

Article 33 Family and professional life1. The family shall enjoy legal, economic and social protection.2. To reconcile family and professional life, everyone shall have the

right to protection from dismissal for a reason connected with maternityand the right to paid maternity leave and to parental leave followingthe birth or adoption of a child.

Article 34 Social security and social assistance1. The Union recognises and respects the entitlement to social security

benefits and social services providing protection in cases such asmaternity, illness, industrial accidents, dependency or old age, and inthe case of loss of employment, in accordance with the rules laid downby Community law and national laws and practices.

2. Everyone residing and moving legally within the European Unionis entitled to social security benefits and social advantages in accordancewith Community law and national laws and practices.

3. In order to combat social exclusion and poverty, the Unionrecognises and respects the right to social and housing assistance so asto ensure a decent existence for all those who lack sufficient resources,in accordance with the rules laid down by Community law and nationallaws and practices.

Article 35 Health careEveryone has the right of access to preventive health care and the

right to benefit from medical treatment under the conditions establishedby national laws and practices. A high level of human health protectionshall be ensured in the definition and implementation of all Unionpolicies and activities.

Article 36 Access to services of general economic interestThe Union recognises and respects access to services of general

economic interest as provided for in national laws and practices, inaccordance with the Treaty establishing the European Community, inorder to promote the social and territorial cohesion of the Union.

Article 37 Environmental protectionA high level of environmental protection and the improvement of

the quality of the environment must be integrated into the policies ofthe Union and ensured in accordance with the principle of sustainabledevelopment.

Article 38 Consumer protectionUnion policies shall ensure a high level of consumer protection.

CHAPTER V CITIZENS’ RIGHTSArticle 39 Right to vote and to stand as a candidate at elections to

the European Parliament1. Every citizen of the Union has the right to vote and to stand as a

candidate at elections to the European Parliament in the Member State


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in which he or she resides, under the same conditions as nationals ofthat State.

2. Members of the European Parliament shall be elected by directuniversal suffrage in a free and secret ballot.

Article 40 Right to vote and to stand as a candidate at municipalelections

Every citizen of the Union has the right to vote and to stand as acandidate at municipal elections in the Member State in which he orshe resides under the same conditions as nationals of that State.

Article 41 Right to good administration1. Every person has the right to have his or her affairs handled

impartially, fairly and within a reasonable time by the institutions andbodies of the Union.

2. This right includes:- the right of every person to be heard, before any individual measurewhich would affect him or her adversely is taken;- the right of every person to have access to his or her file, whilerespecting the legitimate interests of confidentiality and of professionaland business secrecy;- the obligation of the administration to give reasons for its decisions.

3. Every person has the right to have the Community make goodany damage caused by its institutions or by its servants in theperformance of their duties, in accordance with the general principlescommon to the laws of the Member States.

4. Every person may write to the institutions of the Union in one ofthe languages of the Treaties and must have an answer in the samelanguage.

Article 42 Right of access to documentsAny citizen of the Union, and any natural or legal person residing or

having its registered office in a Member State, has a right of access toEuropean Parliament, Council and Commission documents.

Article 43 OmbudsmanAny citizen of the Union and any natural or legal person residing or

having its registered office in a Member State has the right to refer tothe Ombudsman of the Union cases of maladministration in the activitiesof the Community institutions or bodies, with the exception of the CourtofJustice and the Court of First Instance acting in their judicial role.

Article 44 Right to petitionAny citizen of the Union and any natural or legal person residing or

having its registered office in a Member State has the right to petitionthe European Parliament.

Article 45 Freedom of movement and of residence1. Every citizen of the Union has the right to move and reside freely

within the territory of the Member States.2. Freedom of movement and residence may be granted, in accordance

with the Treaty establishing the European Community, to nationals of thirdcountries legally resident in the territory of a Member State.

Article 46 Diplomatic and consular protectionEvery citizen of the Union shall, in the territory of a third country inwhich the Member State of which he or she is a national is notrepresented, be entitled to protection by the diplomatic or consularauthorities of any Member State, on the same conditions as the nationalsof that Member State.

CHAPTER VI JUSTICEArticle 47 Right to an effective remedy and to a fair trial

Everyone whose rights and freedoms guaranteed by the law of theUnion are violated has the right to an effective remedy before a tribunalin compliance with the conditions laid down in this Article.

Everyone is entitled to a fair and public hearing within a reasonabletime by an independent and impartial tribunal previously establishedby law. Everyone shall have the possibility of being advised, defendedand represented.

Legal aid shall be made available to those who lack sufficientresources insofar as such aid is necessary to ensure effective access tojustice.

Article 48 Presumption of innocence and right of defence1. Everyone who has been charged shall be presumed innocent until

proved guilty according to law.2. Respect for the rights of the defence of anyone who has been

charged shall be guaranteed.

Article 49 Principles of legality and proportionality of criminaloffences and penalties

1. No one shall be held guilty of any criminal offence on account ofany act or omission which did not constitute a criminal offence undernational law or international law at the time when it was committed.Nor shall a heavier penalty be imposed than that which was applicableat the time the criminal offence was committed. If, subsequent to thecommission of a criminal offence, the law provides for a lighter penalty,that penalty shall be applicable.

2. This Article shall not prejudice the trial and punishment of anyperson for any act or omission which, at the time when it was committed,was criminal according to the general principles recognised by thecommunity of nations.

3. The severity of penalties must not be disproportionate to thecriminal offence.

Article 50 Right not to be tried or punished twice in criminalproceedings for the same criminal offence

No one shall be liable to be tried or punished again in criminalproceedings for an offence for which he or she has already been finallyacquitted or convicted within the Union in accordance with the law.

CHAPTER VII GENERAL PROVISIONSArticle 51 Scope

1. The provisions of this Charter are addressed to the institutionsand bodies of the Union with due regard for the principle of subsidiarityand to the Member States only when they are implementing Unionlaw. They shall therefore respect the rights, observe the principles andpromote the application thereof in accordance with their respectivepowers.

2. This Charter does not establish any new power or task for theCommunity or the Union, or modify powers and tasks defined by theTreaties.

Article 52 Scope of guaranteed rights1. Any limitation on the exercise of the rights and freedoms

recognised by this Charter must be provided for by law and respect theessence of those rights and freedoms. Subject to the principle ofproportionality, limitations may be made only if they are necessaryand genuinely meet objectives of general interest recognised by theUnion or the need to protect the rights and freedoms of others.

2. Rights recognised by this Charter which are based on theCommunity Treaties or the Treaty on European Union shall be exercisedunder the conditions and within the limits defined by those Treaties.

3. In so far as this Charter contains rights which correspond to rightsguaranteed by the Convention for the Protection of Human Rights andFundamental Freedoms, the meaning and scope of those rights shall bethe same as those laid down by the said Convention.This provision shall not prevent Union law providing more extensiveprotection.

Article 53 Level of protectionNothing in this Charter shall be interpreted as restricting or adversely

affecting human rights and fundamental freedoms as recognised, intheir respective fields of application, by Union law and internationallaw and by international agreements to which the Union, theCommunity or all the Member States are party, including the EuropeanConvention for the Protection of Human Rights and FundamentalFreedoms, and by the Member States’ constitutions.

Article 54 Prohibition of abuse of rightsNothing in this Charter shall be interpreted as implying any right to

engage in any activity or to perform any act aimed at the destruction ofany of the rights and freedoms recognised in this Charter or at theirlimitation to a greater extent than is provided for herein.


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A DECLARATION ON PRINCIPLES GUIDING RELATIONSBETWEEN PARTICIPATING STATES

The participating States,Reaffirming their commitment to peace, security and justice and the

continuing development of friendly relations and co-operation;Recognizing that this commitment, which reflects the interest and

aspirations of peoples, constitutes for each participating State a presentand future responsibility, heightened by experience of the past;

Reaffirming, in conformity with their membership in the UnitedNations and in accordance with the purposes and principles of the UnitedNations, their full and active support for the United Nations and for theenhancement of its role and effectiveness in strengthening internationalpeace, security and justice, and in promoting the solution of internationalproblems, as well as the development of friendly relations and co-operation among States;

Expressing their common adherence to the principles which are setforth below and are in conformity with the Charter of the United Nations,as well as their common will to act, in the application of these principles,in conformity with the purposes and principles of the Charter of theUnited Nations;

Declare their determination to respect and put into practice, each ofthem in its relations with all other participating States, irrespective oftheir political, economic or social systems as well as of their size,geographical location or level of economic development, the followingprinciples, which all are of primary significance, guiding their mutualrelations:

VII. RESPECT FOR HUMAN RIGHTS AND FUNDAMENTALFREEDOMS, INCLUDING THE FREEDOM OF THOUGHT,CONSCIENCE, RELIGION OR BELIEF

20. The participating States will respect human rights and fundamentalfreedoms, including the freedom of thought, conscience, religion or belief,for all without distinction as to race, sex, language or religion.

21. They will promote and encourage the effective exercise of civil,political, economic, social, cultural and other rights and freedoms allof which derive from the inherent dignity of the human person and areessential for his free and full development.

22. Within this framework the participating States will recognizeand respect the freedom of the individual to profess and practise, aloneor in community with others, religion or belief acting in accordancewith the dictates of his own conscience.

23. The participating States on whose territory national minoritiesexist will respect the right of persons belonging to such minorities toequality before the law, will afford them the full opportunity for theactual enjoyment of human rights and fundamental freedoms and will,in this manner, protect their legitimate interests in this sphere.

24. The participating States recognize the universal significance ofhuman rights and fundamental freedoms, respect for which is anessential factor for the peace, justice and well-being necessary to ensurethe development of friendly relations and co-operation amongthemselves as among all States.

25. They will constantly respect these rights and freedoms in theirmutual relations and will endeavour jointly and separately, includingin co-operation with the United Nations, to promote universal andeffective respect for them.

26. They confirm the right of the individual to know and act uponhis rights and duties in this field.

27. In the field of human rights and fundamental freedoms, theparticipating States will act in conformity with the purposes andprinciples of the Charter of the United Nations and with the UniversalDeclaration of Human Rights. They will also fulfil their obligations asset forth in the international declarations and agreements in this field,including inter alia the International Covenants on Human Rights, bywhich they may be bound.

VIII. EQUAL RIGHTS AND SELF-DETERMINATION OFPEOPLES

28. The participating States will respect the equal rights of peoplesand their right to self-determination, acting at all times in conformitywith the purposes and principles of the Charter of the United Nationsand with the relevant norms of international law, including those relatingto territorial integrity of States.

29. By virtue of the principle of equal rights and self-determinationof peoples all peoples always have the right, in full freedom, todetermine, when and as they wish, their internal and external politicalstatus, without external interference, and to pursue as they wish theirpolitical, economic, social and cultural development.

30. The participating States reaffirm the universal significance ofrespect for and effective exercise of equal rights and self-determinationof peoples for the development of friendly relations among themselvesas among all States; they also recall the importance of the eliminationof any form of violation of this principle.

X. FULFILMENT OF GOOD FAITH AND OBLIGATIONSUNDER INTERNATIONAL LAW

35. The participating States will fulfil in good faith their obligationsunder international law, both those obligations arising from the generallyrecognized principles and rules of international law and thoseobligations arising from treaties or other agreements, in conformitywith international law, to which they are parties.

36. In exercising their sovereign rights, including the right todetermine their laws and regulations, they will conform with their legalobligations under international law; they will furthermore pay due regardto and implement the provisions in the Final Act of the Conference onSecurity and Co-operation in Europe.

37. The participating States confirm that in the event of a conflictbetween the obligations of the members of the United Nations underthe Charter of the United Nations and their obligations under any treatyor other international agreement, their obligations under the Charterwill prevail, in accordance with Article 103 of the Charter of the UnitedNations.

38. All the principles set forth above are of primary significanceand, accordingly, they will be equally and unreservedly applied, eachof them being interpreted taking into account the others.

39. The participating States express their determination fully torespect and apply these principles, as set forth in the present Declaration,in all aspects, to their mutual relations and co-operation in order toensure to each participating State the benefits resulting from the respectand application of these principles by all

40. The participating States, paying due regard to the principles aboveand, in particular, to the first sentence of the tenth principle,<<Fulfilment in good faith of obligations under international law>>,note that the present Declaration does not affect their rights andobligations, nor the corresponding treaties and other agreements andarrangements.

41. The participating States express the conviction that respect forthese principles will encourage the development of normal and friendlyrelations and the progress of co-operation among them in all fields.They also express the conviction that respect for these principles willencourage the development of political contacts among them which inturn would contribute to better mutual understanding of their positionsand views.

42. The participating States declare their intention to conduct theirrelations with all other States in the spirit of the principles contained inthe present Declaration.

2 E.1 FINAL ACT OF THE CONFERENCE ON SECURITY AND CO-OPERATION IN EUROPE,HELSINKI

-adopted by the Conference on Security and Co-operation in Europe on 1 August 1975 at Helsinki-excerpts

2 E.1 FINAL ACT OF THE CONFERENCE ON SECURITY AND CO-OPERATION IN EUROPE, HELSINKI

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PRINCIPLES1. The participating States reaffirm their commitment to all the principlesof the Final Act’s Declaration on Principles Guiding Relations betweenparticipating States and their determination of respect them and putthem into practice. The participating States reaffirm that all theseprinciples are of primary significance and, accordingly, will be equallyand unreservedly applied, each of them interpreted taking into accountthe others.

11. They confirm that they will respect human rights and fundamentalfreedoms, including the freedom of thought, conscience, religion orbelief, for all without distinction as to race, sex, language or religion.They also confirm the universal significance of human rights andfundamental freedoms, respect for which is an essential factor for thepeace, justice and security necessary to ensure the development offriendly relations and co-operation among themselves, as among allStates.

[freedom of religion]16. In order to ensure the freedom of the individual to profess andpractise religion or belief, the participating States will, inter alia,

16.1 take effective measures to prevent and eliminate discriminationagainst individuals or communities on the grounds of religion or beliefin the recognition, exercise and enjoyment of human rights andfundamental freedoms in all fields of civil, political, economic, socialand cultural life, and to ensure the effective equality between believersand non-believers;

16.2 foster a climate of manual tolerance and respect betweenbelievers of different communities as well as between believers andnon-believers;

16.3 grant upon their request to communities of believers, practisingor prepared to practise their faith within the constitutional frameworkof their States, recognition of the status provided for them in theirrespective countries;

16.4 respect the right of these religious communities to:- establish and maintain freely accessible places of worship orassembly;- organize themselves according to their own hierarchical andinstitutional structure;- select, appoint and replace their personnel in accordance with theirrespective requirements and standards as well as with any freelyaccepted arrangement between them and their State;- solicit and receive voluntary financial and other contributions;

16.5 engage in consultations with religious faiths, institutions andorganizations in order to achieve a better understanding of therequirements of religious freedom;

16.6 respect the right of everyone to give and receive religiouseducation in the language of his choice, whether individually or inassociation with others;

16.7 in this context respect, inter alia, the liberty of parents to ensurethe religious and moral education of their children in conformity withtheir won convictions;

16.8 allow the training of religious personnel in appropriateinstitutions;

16.9 respect the right of individual believers and communities ofbelievers to acquire, possess, and use scares books, religiouspublications in the language of their choice and other articles andmaterials related to the practice of religion or belief;

16.10 allow religious faiths, institutions and organizations to produce,import and disseminate religious publications and materials;

16.11 favourably consider the interest of religious communities toparticipate in public dialogue, including through the mass media.

2 E.2 CONCLUDING DOCUMENT OF THE VIENNA MEETING

-document of the Vienna meeting of representatives of the participating states of the Conference on Security andCo-operation in Europe, held on the basis of the provisions of the Helsinki final act relating to the follow-up

-adopted by the representatives of the participating States of the Conference on Security and Co-operation in Europeon 19 January 1989 at Vienna. Based on the meeting which was held between 1986 and 1989

-excerpts

[freedom of movement and residence]20. The participating States will respect fully the right of everyoneto freedom of movement and residence within the borders of each State,and to leave any country, including his own, and to return to his country.

21. The participating States will ensure that the exercise of the above-mentioned rights will not be subject to any restrictions except thosewhich are provided by law and are consistent with their obligationsunder international law, in particular the International Covenant on Civiland Political Rights, and with their international commitments, inparticular the Universal Declaration of Human Rights. These restrictionshave the character of exceptions. The participating States will ensurethat these restrictions are not abused and are not applied in an arbitrarymanner, but in such a way that the effective exercise of these rights isensured.

22. In this context they will allow all refugees who so desire to returnin safety to their homes

[arbitrary arrest, detention or exile]23. The participating States will

23.1 ensure that no one will be subjected to arbitrary ares, detentionor exile;

23.2 ensure that all individuals in detention or incarceration will betreated whit humanity and with respect for the inherent dignity of thehuman person;

23.3 observe the United Nations Standard Minimum Rules for theTreatment of Prisoners as well as the United Nations Code of Conductfor Law Enforcement Officials;

23.4 prohibit torture and other cruel, inhuman or degrading treatmentor punishment and take effective legislative, administrative, judicialand other measures to prevent and punish such practices;

23.5 consider acceding to the Convention against Torture and otherCruel, inhuman or Degrading Treatment or Punishment, if they havenot yet done so;

23.6 protect individuals from any psychiatric or other medicalpractices that violate human rights and fundamental freedoms and takeeffective measures to prevent and punish such practices.

CO-OPERATION IN HUMANITARIAN AND OTHER FIELDSInformation34. They will continue efforts to contribute to an ever wider knowledgeand understanding of life in their States, thus promoting confidencebetween peoples.They will make further efforts to facilitate the freer and widerdissemination of information of all kinds, to encourage co-operation inthe field of information and to improve the working conditions forjournalists.In this connections and in accordance with the International Covenanton Civil and Political Rights, the Universal Declaration of Human Rightsand their relevant international commitments concerning seeking,receiving and imparting information of all kinds, they will ensure thatindividuals can freely choose their sources of information. In this contextthey will ensure that radio services operating in accordance with theITU Radio Regulations can directly and normally received in theirStates; and allow individuals, institutions and organizations, whilerespecting intellectual property rights, including copyright, to obtain,possess, reproduces and distribute information materials of all kinds.To these ends they will remove any restrictions inconsistent with theabove-mentioned obligations and commitments.


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35. They will take every opportunity offered by modern means ofcommunications, including cable and satellites, to increase the freerand wider dissemination of information of all kinds. They will alsoencourage co-operation and exchanges between their relevantinstitutions, organizations and technical experts, and work towards theharmonization of technical standards and norms. They will bear in mindthe effects of these modern means of communication on their massmedia.

36. They will ensure in practice that official information bulletins canbe freely distrusted on their territory by the diplomatic and other officialmissions and consular posts of the other participating States.

37. They will encourage radio and television organizations, on the basisof arrangements between them, to broadcast live, especially in theorganizing countries, programmes and discussions with participant fromdifferent States and to broadcast statements of and interviews withpolitical and other personalities from the participating States.

38. They will encourage radio and television organizations to report ondifferent aspects of life in other participating States and to increase thenumber of telebridges between their countries.

39. Recalling that the legitimate pursuit of journalists’ professionalactivity will neither render them liable to expulsion nor otherwisepenalize them, they will refrain from taking restrictive measures suchas withdrawing a journalist’s accreditation or expelling him because ofthe content of the reporting of the journalist or of his information media.

40. They will ensure that, in pursuing this activity, journalists, includingthose representing media from other participating States, are free toseek access to and maintain contacts with public and private sources ofinformation and that their need for professional confidentiality isrespected.

41. They will respect the copyright of journalists.

HUMAN DIMENSION OF THE CSCEThe participating StatesRecalling the undertakings entered into in the Final Act and in other

CSCE documents concerning respect for all human rights andfundamental freedoms, human contacts and other issues of a relatedhumanitarian character,

Recognizing the need to improve the implementation of their CSCEcommitments and their co-operation in these areas which are hereafterreferred to as the human dimension of the CSCE,

Have, on the basis of the principles and provisions of the Final Actand of other relevant CSCE documents, decided:

1. to exchange information and respond to requests for informationand to representations made to them by other participating States onquestions relating to the human dimension of the CSCE. Suchcommunications may be forwarded through diplomatic channels or beaddressed to any agency designated for these purposes;

2. to hold bilateral meetings with other participating States that sorequest, in order to examine questions relating to the human dimensionof the CSCE, including situations and specific cases, with a view toresolving them. The date and place of such meetings will be arrangedby mutual agreement through diplomatic channels;

3. that any participating State which deems it necessary may bringsituations and cases in the human dimension of the CSCE, includingthose which have been raised at the bilateral meetings described inparagraph 2, to the attention of other participating States throughdiplomatic channels;

4. that any participating State which deems it necessary may provideinformation on the exchanges of information and the responses to itsrequests for information and to representations (paragraph 1) and onthe results of the bilateral meetings (paragraph 2), including informationconcerning situations and specific cases, at the meetings of theConference on the Human Dimension as well as at the main CSCEFollow-up Meetings.

The participating States decide further to convene a Conference onthe Human Dimension of the CSCE in order to achieve further progressconcerning respect for all human rights and fundamental freedoms,human contacts and other issues of a related humanitarian character.The Conference will hold three meetings before the next CSCE Follow-up Meeting.

The Conference will:- review developments in the human dimension of the CSCE

including the implementation of the relevant CSCE commitments;- evaluate the functioning of the procedures described in paragraphs

l to 4 and discuss the information provided according to paragraph 4;- consider practical proposals for new measures aimed at improving

the implementation of the commitments relating to the human dimensionof the CSCE and enhancing the effectiveness of the procedures describedin paragraphs l to 4.

On the basis of these proposals, the Conference will consideradopting new measures.

The first Meeting of the Conference will be held in Paris from 30May to 23 June 1989.

The second Meeting of the Conference will be held in Copenhagenfrom 5 to 29 June 1990.

The third Meeting of the Conference will be held in Moscow from10 September to 4 October 1991.


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2 E.3 DOCUMENT OF THE COPENHAGEN MEETING OF THE CONFERENCE ON THE HUMANDIMENSION OF THE CSCE

-adopted by the representatives of the participating States of the Conference on Security and Co-operation inEurope on 29 June 1990 at Copenhagen

-excerpts

The representatives of the participating States of the Conference onSecurity and Co-operation in Europe (CSCE), Austria, Belgium,Bulgaria, Canada, Cyprus, Czechoslovakia, Denmark, Finland, France,the German Democratic Republic, the Federal Republic of Germany,Greece, the Holy See, Hungary, Iceland, Ireland, Italy, Liechtenstein,Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland,Portugal, Romania, San Marino, Spain, Sweden, Switzerland, Turkey,the Union of Soviet Socialist Republics, the United Kingdom, the UnitedStates of America and Yugoslavia, met in Copenhagen from 5 to 29June 1990, in accordance with the provisions relating to the Conferenceon the Human Dimension of the CSCE contained in the ConcludingDocument of the Vienna Follow-up Meeting of the CSCE.

The representative of Albania attended the Copenhagen Meeting asobserver.

The first Meeting of the Conference was held in Paris from 30 Mayto 23 June 1989.

[ . . .]The participating States welcome with great satisfaction the

fundamental political changes that have occurred in Europe since thefirst Meeting of the Conference on the Human Dimension of the CSCEin Paris in l989. They note that the CSCE process has contributedsignificantly to bringing about these changes and that thesedevelopments in turn have greatly advanced the implementation of theprovisions of the Final Act and of the other CSCE documents.

They recognize that pluralistic democracy and the rule of law areessential for ensuring respect for all human rights and fundamentalfreedoms, the development of human contacts and the resolution ofother issues of a related humanitarian character. They therefore welcomethe commitment expressed by all participating States to the ideals ofdemocracy and political pluralism as well as their commondetermination to build democratic societies based on free elections andthe rule of law.

At the Copenhagen Meeting the participating States held a review ofthe implementation of their commitments in the field of the humandimension. They considered that the degree of compliance with thecommitments contained in the relevant provisions of the CSCEdocuments had shown a fundamental improvement since the ParisMeeting. They also expressed the view, however, that further steps arerequired for the full realization of their commitments relating to thehuman dimension.

The participating States express their conviction that full respectfor human rights and fundamental freedoms and the development ofsocieties based on pluralistic democracy and the rule of law areprerequisites for progress in setting up the lasting order of peace,security, justice and co-operation that they seek to establish in Europe.

[ . . . ]In order to strengthen respect for and enjoyment of human rights

and fundamental freedoms, to develop human contacts and to resolveissues of a related humanitarian character, the participating States agreeon the following:

I [THE RULE OF LAW][protection and promotion of human rights]1. The participating States express their conviction that the protectionand promotion of human rights and fundamental freedoms is one of thebasic purposes of government, and reaffirm that the recognition of theserights and freedoms constitutes the foundation of freedom, justice andpeace.

[the rule of law]2. They are determined to support and advance those principles of justicewhich form the basis of the rule of law. They consider that the rule oflaw does not mean merely a formal legality which assures regularity

and consistency in the achievement enforcement of democratic order,but justice based on the recognition and full acceptance of the supremevalue of the human personality and guaranteed by institutions providinga framework for its fullest expression.

[democracy and pluralism]3. They reaffirm that democracy is an inherent element of the rule oflaw. They recognize the importance of pluralism with regard to politicalorganizations.

[laws in conformity with csce commitments]4. They confirm that they will respect each other’s right freely to chooseand develop, in accordance with international human rights standards,their political, social, economic and cultural systems. In exercising thisright, they will ensure that their laws, regulations, practices and policiesconform with their obligations under international law and are broughtinto harmony with the provisions of the Declaration on Principles andother CSCE commitments.

[rule of law and administration of justice]5. They solemnly declare that among those elements of justice whichare essential to the full expression of the inherent dignity and of theequal and inalienable rights of all human beings are the following:

5.1 free elections that will he held at reasonable intervals by secretballot or by equivalent free voting procedure, under conditions whichensure in practice the free expression of the opinion of the electors inthe choice of their representatives;

5.2 a form of government that is representative in character, in whichthe executive is accountable to the elected legislature or the electorate;

5.3 the duty of the government and public authorities to complywith the constitution and to act in a manner consistent with law;

5.4 a clear separation between the State and political parties; inparticular, political parties will not be merged with the State;

5.5 the activity of the government and the administration as well asthat of the judiciary will be exercised in accordance with the systemestablished by law. Respect for that system must be ensured;

5.6 military forces and the police will be under the control of, andaccountable to, the civil authorities;

5.7 human rights and fundamental freedoms will be guaranteed bylaw and in accordance with their obligations under international law;

5.8 legislation, adopted at the end of a public procedure, andregulations will he published, that being the condition for theirapplicability. Those texts will he accessible to everyone;

5.9 all persons are equal before the law and are entitled without anydiscrimination to the equal protection of the law. In this respect, thelaw will prohibit any discrimination and guarantee to all persons equaland effective protection against discrimination on any ground;

5.10 everyone will have an effective means of redress againstadministrative decisions, so as to guarantee respect for fundamentalrights and ensure legal integrity;

5.11 administrative decisions against a person must be fully justifiableand must as a rule indicate the usual remedies available;

5.12 the independence of judges and the impartial operation of thepublic judicial service will be ensured;

5.13 the independence of legal practitioners will be recognized andprotected, in particular as regards conditions for recruitment andpractice;

5.14 the rules relating to criminal procedure will contain a cleardefinition of powers in relation to prosecution and the measurespreceding and accompanying prosecution;

5.15 any person arrested or detained on a criminal charge will havethe right, so that the awfulness of his arrest or detention can be decided,to be brought promptly before a judge or other officer authorized bylaw to exercise this function;

2 E.3 DOCUMENT OF THE COPENHAGEN MEETING OF THE CONFERENCE ON THE HUMAN DIMENSION OF THE CSCE

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5.16 in the determination of any criminal charge against him, or ofhis rights and obligations in a suit at law, everyone will be entitled to afair and public hearing by a competent, independent and impartialtribunal established by law;

5.17 any person prosecuted will have the right to defend himself inperson or through prompt legal assistance of his own choosing or, if hedoes not have sufficient means to pay for legal assistance, to be givenit free when the interests of justice so require;

5.18 no one will be charged with, tried for or convicted of anycriminal offence unless the offence is provided for by a law whichdefines the elements of the offence with clarity and precision;

5.19 everyone will be presumed innocent until proved guiltyaccording to law;

5.20 considering the important contribution of internationalinstruments in the field of human rights to the rule of law at a nationallevel, the participating States reaffirm that they will consider accedingto the International Covenant on Civil and Political Rights, theInternational Covenant on Economic, Social and Cultural Rights andother relevant international instruments, if they have not yet done so;

5.21 in order to supplement domestic remedies and better to ensurethat the participating States respect the international obligations theyhave undertaken, the participating States will consider acceding to aregional or global international convention concerning the protectionof human rights, such as the European Convention on Human Rightsor the Optional Protocol to the International Covenant on Civil andPolitical Rights, which provide for procedures of individual recourseto international bodies.

[the will of the people]6. The participating States declare that the will of the people, freelyand fairly expressed through periodic and genuine elections, is the basisof the authority and legitimacy of all government. The participatingStates will accordingly respect the right of their citizens to take part inthe governing of their country, either directly or through representativesfreely chosen by them through fair electoral processes. They recognizetheir responsibility to defend and protect, in accordance with their laws,their international human rights obligations and their internationalcommitments, the democratic order freely established through the willof the people against the activities of persons, groups or organizationsthat engage in or refuse to renounce terrorism or violence aimed at theoverthrow of that order or of that of another participating State.

[elections]7. To ensure that the will of the people serves as the basis of the authorityof government, the participating States will

7.1 hold free elections at reasonable intervals, as established by law;7.2 permit all seats in at least one chamber of the national legislature

to be freely contested in a popular vote;7.3 guarantee universal and equal suffrage to adult citizens;7.4 ensure that votes are cast by secret ballot or by equivalent free

voting procedure, and that they are counted and reported honestly withthe official results made public;

7.5 respect the right of citizens to seek political or public office,individually or as representatives of political parties or organizations,without discrimination;

7.6 respect the right of individuals and groups to establish, in fullfreedom, their own political parties or other political organizations andprovide such political parties and organizations with the necessary legalguarantees to enable them to compete with each other on a basis ofequal treatment before the law and by the authorities;

7.7 ensure that law and public policy work to permit politicalcampaigning to be conducted in a fair and free atmosphere in whichneither administrative action, violence nor intimidation bars the partiesand the candidates from freely presenting their views and qualifications,or prevents the voters from learning and discussing them or from castingtheir vote free of fear of retribution;

7.8 provide that no legal or administrative obstacle stands in theway of unimpeded access to the media on a non-discriminatory basisfor all political groupings and individuals wishing to participate in theelectoral process;

7.9 ensure that candidates who obtain the necessary number of votesrequired by law are duly installed in office and are permitted to remainin office until their term expires or is otherwise brought to an end in a

manner that is regulated by law in conformity with democraticparliamentary and constitutional procedures.

[election observers]8. The participating States consider that the presence of observers, bothforeign and domestic, can enhance the electoral process for States inwhich elections are taking place. They therefore invite observers fromany other CSCE participating States and any appropriate privateinstitutions and organizations who may wish to do so to observe thecourse of their national election proceedings, to the extent permittedby law. They will also endeavour to facilitate similar access for electionproceedings held below the national level. Such observers will undertakenot to interfere in the electoral proceedings.

II [INDIVIDUAL RIGHTS][enumeration of several individual rights]9. The participating States reaffirm that

9.1 everyone will have the right to freedom of expression includingthe right to communication. This right will include freedom to holdopinions and to receive and impart information and ideas withoutinterference by public authority and regardless of frontiers. The exerciseof this right may he subject only to such restrictions as are prescribedby law and are consistent with international standards. In particular, nolimitation will be imposed on access to, and use of, means of reproducingdocuments of any kind, while respecting, however, rights relating tointellectual property, including copyright;

9.2 everyone will have the right of peaceful assembly anddemonstration. Any restrictions which may be placed on the exerciseof these rights will he prescribed by law and consistent with internationalstandards;

9.3 the right of association will be guaranteed. The right to form and- subject to the general right of a trade union to determine its ownmembership - freely to join a trade union will be guaranteed. Theserights will exclude any prior control. Freedom of association forworkers, including the freedom to strike, will be guaranteed, subject tolimitations prescribed by law and consistent with internationalstandards;

9.4 everyone will have the right to freedom of thought, conscienceand religion. This right includes freedom to change one’s religion orbelief and freedom to manifest one’s religion or belief, either alone orin community with others, in public or in private, through worship,teaching, practice and observance. The exercise of these rights may besubject only to such restrictions as are prescribed by law and areconsistent with international standards;

9.5 they will respect the right of everyone to leave any country,including his own, and to return to his country, consistent with a State’sinternational obligations and CSCE commitments. Restrictions on thisright will have the character of very rare exceptions, will be considerednecessary only if they respond to a specific public need, pursue alegitimate aim and are proportionate to that aim, and will not be abusedor applied in an arbitrary manner;

9.6 everyone has the right peacefully to enjoy his property either onhis own or in common with others. No one may be deprived of hisproperty except in the public interest and subject to the conditionsprovided for by law and consistent with international commitmentsand obligations;

[human rights defenders]10. In reaffirming their commitment to ensure effectively the rights ofthe individual to know and act upon human rights and fundamentalfreedoms, and to contribute actively, individually or in association withothers, to their promotion and protection, the participating States expresstheir commitment to

10.1 respect the right of everyone, individually or in association withothers, to seek, receive and impart freely views and information onhuman rights and fundamental freedoms, including the rights todisseminate and publish such views and information;

l0.2 respect the rights of everyone, individually or in associationwith others, to study and discuss the observance of human rights andfundamental freedoms and to develop and discuss ideas for improvedprotection of human rights and better means for ensuring compliancewith international human rights standards;


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10.3 ensure that individuals are permitted to exercise the right toassociation, including the right to form, join and participate effectivelyin non-governmental organizations which seek the promotion andprotection of human rights and fundamental freedoms, including tradeunions and human rights monitoring groups;

10.4 allow members of such groups and organizations to haveunhindered access to and communication with similar bodies withinand outside their countries and with international organizations, toengage in exchanges, contacts and cooperation with such groups andorganizations and to solicit, receive and utilize for the purpose ofpromoting and protecting human rights and fundamental freedomsvoluntary financial contributions from national and international sourcesas provided for by law.

[right to effective remedies]11. The participating States further affirm that, where violations ofhuman rights and fundamental freedoms are alleged to have occurred,the effective remedies available include

11.1 the right of the individual to seek and receive adequate legalassistance;

11.2. the right of the individual to seek and receive assistance fromothers in defending human rights and fundamental freedoms, and toassist others in defending human rights and fundamental freedoms;

11.3. the right of individuals or groups acting on their behalf tocommunicate with international bodies with competence to receive andconsider information concerning allegations of human rights abuses.

[trial observers]12. The participating States, wishing to ensure greater transparency inthe implementation of the commitments undertaken in the ViennaConcluding Document under the heading of the human dimension ofthe CSCE, decide to accept as a confidence-building measure thepresence of observers sent by participating States and representativesof non-governmental organizations and other interested persons atproceedings before courts as provided for in national legislation andinternational law; it is understood that proceedings may only be held incamera in the circumstances prescribed by law and consistent withobligations under international law and international commitments.

[rights of the child]13. The participating States decide to accord particular attention to therecognition of the rights of the child, his civil rights and his individualfreedoms, his economic, social and cultural rights, and his right tospecial protection against all forms of violence and exploitation. Theywill consider acceding to the Convention on the Rights of the Child, ifthey have not yet done so, which was opened for signature by States on26 January 1990. They will recognize in their domestic legislation therights of the child as affirmed in the international agreements to whichthey are Parties.

14. The participating States agree to encourage the creation, withintheir countries, of conditions for the training of students and traineesfrom other participating States, including persons taking vocational andtechnical courses. They also agree to promote travel by young peoplefrom their countries for the purpose of obtaining education in otherparticipating States and to that end to encourage the conclusion, whereappropriate, of bilateral and multilateral agreements between theirrelevant governmental institutions, organizations and educationalestablishments.

[transfer of sentenced persons]15. The participating States will act in such a way as to facilitate thetransfer of sentenced persons and encourage those participating Stateswhich are not Parties to the Convention on the Transfer of SentencedPersons, signed at Strasbourg on 21 November 1983, to consideracceding to the Convention.

[prohibition of torture]16. The participating States

16.1 reaffirm their commitment to prohibit torture and other cruel,inhuman or degrading treatment or punishment, to take effectivelegislative, administrative, judicial and other measures to prevent andpunish such practices, to protect individuals from any psychiatric or

other medical practices that violate human rights and fundamentalfreedoms and to take effective measures to prevent and punish suchpractices;

16.2 intend, as a matter of urgency, to consider acceding to theConvention against Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment, if they have not yet done so, and recognizingthe competences of the Committee against Torture under articles 21and 22 of the Convention and withdrawing reservations regarding thecompetence of the Committee under article 20;

16.3 stress that no exceptional circumstances whatsoever, whether astate of war or a threat of war, internal political instability or any otherpublic emergency, may be invoked as a justification of torture;

16.4 will ensure that education and information regarding theprohibition against torture are fully included in the training of lawenforcement personnel, civil or military, medical personnel, publicofficials and other persons who may be involved in the custody,interrogation or treatment of any individual subjected to any form ofarrest, detention or imprisonment;

16.5 will keep under systematic review interrogation rules,instructions, methods and practices as well as arrangements for thecustody and treatment of persons subjected to any form of arrest,detention or imprisonment in any territory under their jurisdiction, witha view to preventing any cases of torture;

16.6 will take up with priority for consideration and for appropriateaction, in accordance with the agreed measures and procedures for theeffective implementation of the commitments relating to the humandimension of the CSCE, any cases of torture and other inhuman ordegrading treatment or punishment made known to them through officialchannels or coming from any other reliable source of information;

16.7 will act upon the understanding that preserving and guaranteeingthe life and security of any individual subjected to any form of tortureand other inhuman oar degrading treatment or punishment will be thesole criterion in determining the urgency and priorities to be accordedin taking appropriate remedial action; and, therefore, the considerationof cases of torture and other inhuman or degrading treatment orpunishment within the framework of any other international body ormechanism may not be invoked as a reason for refraining fromconsideration and appropriate action in accordance with the agreedmeasures and procedures for the effective implementation of thecommitments relating to the human dimension of the CSCE.

[death penalty]17. the participating States

17.1 recall the commitment undertaken in the Vienna ConcludingDocument to keep the question of capital punishment underconsideration and to cooperate within relevant internationalorganizations;

17.2 recall in this context, the adoption by the General Assembly ofthe United Nations, on 15 december 1989, of the Second OptionalProtocol to International Covenant on Civil and Political Rights, aimingat the abolition of the death penalty;

17.3 note the restrictions and safeguards regarding the use of thedeath penalty which have been adopted by the international community,in particular article 6 of the International Covenant on Civil and PoliticalRights;

17.4 note the provisions of the Sixth Protocol to the EuropeanConvention for the Protection of Human Rights and FundamentalFreedoms, concerning the abolition of the death penalty;

17.5 note recent measures taken by a number of participating Statestowards the abolition of capital punishment;

17.6 note the activities of several non-governmental organizationson the question of the death penalty;

17.7 will exchange information within the framework of theConference on the Human Dimension on the question of the abolitionof the death penalty and keep that question under consideration;

17.8 will make available to the public information regarding the useof the death penalty.

[conscientious objection]18. The participating States

18.1 note that the United Nations Commission on Human Rightshas recognized the right of everyone to have conscientious objectionsto military service;


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18.2 note recent measures taken by a number of participating Statesto permit exemption from compulsory military service on the basis ofconscientious objections;

18.3 note the activities of several non-governmental organizationson the question of conscientious objections to compulsory militaryservice;

18.4 agree to consider introducing, where this has not yet been done,various forms of alternative service, which are compatible with thereasons for conscientious objection, such forms of alternative servicebeing in principle of a non-combatant or civilian nature, in the publicinterest and of a non-punitive nature;

18.5 will make available to the public information on this issue;18.6 will keep under consideration, within the framework of the

Conference on the Human Dimension, the relevant questions related tothe exemption from compulsory military service, where it exists, ofindividuals on the basis of conscientious objections to armed service,and will exchange information on these questions.

[freedom of movement]19. The participating States affirm that freer movement and contactsamong their citizens are important in the context of the protection andpromotion of human rights and fundamental freedoms. They will ensurethat their policies concerning entry into their territories are fullyconsistent with the aims set out in the relevant provisions of the FinalAct, the Madrid Concluding Document and the Vienna ConcludingDocument. While reaffirming their determination not to recede fromthe commitments contained in CSCE documents, they undertake toimplement fully and improve present commitments in the field of humancontacts, including on a bilateral and multilateral basis. In this contextthey will

19.1 strive to implement the procedures for entry into their territories,including the issuing of visas and passport and customs control, in goodfaith and without unjustified delay. Where necessary, they will shortenthe waiting time for visa decisions, as well as simplify practices andreduce administrative requirements for visa applications;

19.2 ensure, in dealing with visa applications, that these are processedas expeditiously as possible in order, inter alia , to take due account ofimportant family, personal or professional considerations, especiallyin cases of an urgent, humanitarian nature;

19.3 endeavour, where necessary, to reduce fees charged inconnection with visa applications to the lowest possible level.

[economic, social and cultural rights]23. The participating States reaffirm their conviction expressed in theVienna Concluding Document that the promotion of economic, socialand cultural rights as well as of civil and political rights is of paramountimportance for human dignity and for the attainment of the legitimateaspirations of every individual. They also reaffirm their commitmenttaken in the Document of the Bonn Conference on Economic Co-operation in Europe to the promotion of social justice and theimprovement of living and working conditions. In the context ofcontinuing their efforts with a view to achieving progressively the fullrealisation of economic, social and cultural rights by all appropriatemeans, they will pay special attention to problems in the areas ofemployment, housing, social security, health, education and culture.

[state of public emergency]25. The participating States confirm that any derogations fromobligations relating to human rights and fundamental freedoms duringa state of public emergency must remain strictly within the limitsprovided for by international law, in particular the relevant internationalinstruments by which they are bound, especially with respect to rightsfrom which there can be no derogation. They also reaffirm that

25.1 measures derogating from such obligations must be taken instrict conformity with the procedural requirements laid down in thoseinstruments;

25.2 the imposition of a state of public emergency must be proclaimedofficially, publicly, and in accordance with the provisions laid down bylaw;

25.3 measures derogating from obligations will be limited to theextent strictly required by the exigencies of the situation;

25.4 such measures will not discriminate solely on the grounds ofrace, colour, sex, language, religion, social origin or of belonging to aminority.

III [DEMOCRATIC INSTITUTIONS]26. The participating States recognize that vigorous democracy dependson the existence as an integral part of national life of democratic valuesand practices as well as an extensive range of democratic institutions.They will therefore encourage, facilitate and, where appropriate, supportpractical co-operative endeavours and the sharing of information, ideasand expertise among themselves and by direct contacts and co-operationbetween individuals, groups and organizations in areas including thefollowing:- constitutional law, reform and development,- electoral legislation, administration and observation,- establishment and management of courts and legal systems.- the development of an impartial and effective public service where

recruitment and advancement are based on a merit system,- law enforcement,- local government and decentralization,- access to information and protection of privacy,- developing political parties and their role in pluralistic societies,- free and independent trade unions,- co-operative movements,- developing other forms of free associations and public interest

groups,- journalism, independent media, and intellectual and cultural life,- the teaching of democratic values, institutions and practices in

educational institutions and the fostering of an atmosphere of freeenquiry.

Such endeavours may cover the range of co-operation encompassedin the human dimension of the CSCE, including training, exchange ofinformation, books and instructional materials, co-operativeprogrammes and projects, academic and professional exchanges andconferences, scholarships, research grants, provision of expertise andadvice, business and scientific contacts and programmes.

[national institutions]27. The participating States will also facilitate the establishment andstrengthening of independent national institutions in the area of humanrights and the rule of law, which may also serve as focal points for co-ordination and collaboration between such institutions in theparticipating States. They propose that co-operation be encouragedbetween parliamentarians from participating States, including throughexisting inter-parliamentary associations and, inter alia , through jointcommissions, television debates involving parliamentarians, meetingsand round-table discussions. They will also encourage existinginstitutions, such as organizations within the United Nations systemand the Council of Europe, to continue and expand the work they havebegun in this area.

IV [MINORITIES, NON-DISCRIMINATION, FINALPROVISIONS]

[rights of persons belonging to national minorities]30. The participating States recognize that the questions relating tonational minorities can only be satisfactorily resolved in a democraticpolitical framework based on the rule of law, with a functioningindependent judiciary. This framework guarantees full respect for humanrights and fundamental freedoms, equal rights and status for all citizens,the free expression of all their legitimate interests and aspirations,political pluralism, social tolerance and the implementation of legalrules that place effective restraints on the abuse of governmental power.

They also recognize the important role of non-governmentalorganizations, including political parties, trade unions, human rightsorganizations and religious groups, in the promotion of tolerance,cultural diversity and the resolution of questions relating to nationalminorities.

They further reaffirm that respect for the rights of persons belongingto national minorities as part of universally recognized human rights isan essential factor for peace, justice, stability and democracy in theparticipating States.

[prohibition of discrimination]31. Persons belonging to national minorities have the right to exercisefully and effectively their human rights and fundamental freedomswithout any discrimination and in full equality before the law.

The participating States will adopt, where necessary, special measuresfor the purpose of ensuring to persons belonging to national minorities


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full equality with the other citizens in the exercise and enjoyment ofhuman rights and fundamental freedoms.

[enumeration of minority rights]32. To belong to a national minority is a matter of a person’s individualchoice and no disadvantage may arise from the exercise of such choice.

Persons belonging to national minorities have the right freely toexpress, preserve and develop their ethnic, cultural, linguistic orreligious identity and to maintain and develop their culture in all itsaspects, free of any attempts at assimilation against their will. Inparticular, they have the right

32.1 to use freely their mother tongue in private as well as in public;32.2 to establish and maintain their own educational, cultural and

religious institutions, organizations or associations, which can seekvoluntary financial and other contributions as well as public assistance.in conformity with national legislation;

32.3 to profess and practise their religion, including the acquisition,possession and use of religious materials, and to conduct religiouseducational activities in their mother tongue;

32.4 to establish and maintain unimpeded contacts among themselveswithin their country as well as contacts across frontiers with citizens ofother States with whom they share a common ethnic or national origin,cultural heritage or religious beliefs;

32.5 to disseminate, have access to and exchange information intheir mother tongue;

32.6 to establish and maintain organizations or associations withintheir country and to participate in international non-governmentalorganizations.

Persons belonging to national minorities can exercise and enjoy theirrights individually as well as in community with other members oftheir group. No disadvantage may arise for a person belonging to anational minority on account of the exercise or non-exercise of anysuch rights.

[protection of identity]33. The participating States will protect the ethnic, cultural, linguisticand religious identity of national minorities on their territory and createconditions for the promotion of that identity. They will take thenecessary measures to that effect after due consultations, includingcontacts with organizations or associations of such minorities, inaccordance with the decision-making procedures of each State.

Any such measures will be in conformity with the principles ofequality and non-discrimination with respect to the other citizens ofthe participating State concerned.

[role of mother tongue, history and culture]34. The participating States will endeavour to ensure that personsbelonging to national minorities, notwithstanding the need to learn theofficial language or languages of the State concerned, have adequateopportunities for instruction of their mother tongue or in their mothertongue, as well as, wherever possible and necessary, for its use beforepublic authorities, in conformity with applicable national legislation.

In the context of the teaching of history and culture in educationalestablishments, they will also take account of the history and culture ofnational minorities.

[effective participation]35. The participating States will respect the right of persons belongingto national minorities to effective participation in public affairs,including participation in the affairs relating to the protection andpromotion of the identity of such minorities.

The participating States note the efforts undertaken to protect andcreate conditions for the promotion of the ethnic, cultural, linguisticand religious identity of certain national minorities by establishing, asone of the possible means to achieve these aims, appropriate local orautonomous administrations corresponding to the specific historicaland territorial circumstances of such minorities and in accordance withthe policies of the State concerned.

[constructive cooperation]36. The participating States recognize the particular importance ofincreasing constructive co-operation among themselves on questionsrelating to national minorities. Such co-operation seeks to promote

mutual understanding and confidence, friendly and good-neighbourlyrelations, international peace, security and justice.

Every participating State will promote a climate of mutual respect,understanding, co-operation and solidarity among all persons living onits territory, without distinction as to ethnic or national origin or religion,and will encourage the solution of problems through dialogue based onthe principles of the rule of law.

[non-discrimination, no racism, etc.]40. The participating States clearly and unequivocally condemntotalitarianism, racial and ethnic hatred, anti-Semitism, xenophobia anddiscrimination against anyone as well as persecution on religious andideological grounds. In this context, they also recognize the particularproblems of Roma (gypsies).

They declare their firm intention to intensify the efforts to combatthese phenomena in all their forms and therefore will

40.1 take effective measures, including the adoption, in conformitywith their constitutional systems and their international obligations, ofsuch laws as may be necessary, to provide protection against any actsthat constitute incitement to violence against persons or groups basedon national, racial, ethnic or religious discrimination, hostility or hatred.including anti-Semitism;

40.2 commit themselves to take appropriate and proportionatemeasures to protect persons or groups who may be subject to threats oracts of discrimination, hostility or violence as a result of their racial,ethnic, cultural, linguistic or religious identity, and to protect theirproperty;

40.3 take effective measures, in conformity with their constitutionalsystems, at the national, regional and local levels to promoteunderstanding and tolerance, particularly in the fields of education,culture and information;

40.4 endeavour to ensure that the objectives of education includespecial attention to the problem of racial prejudice and hatred and tothe development of respect for different civilizations and cultures;

40.5 recognize the right of the individual to effective remedies andendeavour to recognize, in conformity with national legislation, theright of interested persons and groups to initiate and support complaintsagainst acts of discrimination, including racist and xenophobic acts;

40.6 consider adhering, if they have not yet done so, to theinternational instruments which address the problem of discriminationand ensure full compliance with the obligations therein, including thoserelating to the submission of periodic reports;

40.7 consider, also, accepting those international mechanisms whichallow States and individuals to bring communications relating todiscrimination before international bodies.

[commitment to the human dimension of the CSCE]41. The participating States reaffirm their commitment to the humandimension of the CSCE and emphasize its importance as an integralpart of a balanced approach to security and co-operation in Europe.They agree that the Conference on the Human Dimension of the CSCEand the human dimension mechanism described in the section on thehuman dimension of the CSCE of the Vienna Concluding Documenthave demonstrated their value as methods of furthering their dialogueand co-operation and assisting in the resolution of relevant specificquestions. They express their conviction that these should be continuedand developed as part of an expanding CSCE process.

[mechanism of the human dimensions]42. The participating States recognize the need to enhance further theeffectiveness of the procedures described in paragraphs 1 to 4 of thesection on the human dimension of the CSCE of the Vienna ConcludingDocument and with this aim decide

42.1 to provide in as short a time as possible, but no later than fourweeks, a written response to requests for information and torepresentations made to them in writing by other participating Statesunder paragraph l;

42.2 that the bilateral meetings, as contained in paragraph 2, willtake place as soon as possible, as a rule within three weeks of the dateof the request;

42.3 to refrain, in the course of a bilateral meeting held underparagraph 2, from raising situations and cases not connected with thesubject of the meeting, unless both sides have agreed to do so.

[ . . ].


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II [SCOPE][importance of issue]1. The participating States stress the continued importance of a thoroughreview of implementation of their CSCE commitments relating topersons belonging to national minorities.

[human rights basis for protection]2. They emphasize that human rights and fundamental freedoms arethe basis for the protection and promotion of rights of persons belongingto national minorities. They further recognize that questions relating tonational minorities can only be satisfactorily resolved in a democraticpolitical framework based on the rule of law, with a functioningindependent judiciary. This framework based on the rule of law, with afunctioning independent judiciary. This framework guarantees fullrespect for human rights and fundamental freedoms, equal rights andstatus full respect for human rights and fundamental freedoms, equalrights and status for all citizens, including persons belonging to nationalminorities, the free expression of all their legitimate interests andaspirations of legal rules that place effective restraints on the abuse ofgovernmental power.

[minority issues legitimate international concern]3. Issues concerning national minorities, as well as compliance withinternational obligations and commitments concerning the rights ofpersons belonging to them, are matters of legitimate internationalconcern and consequently do not constitute exclusively an internal affairof the respective State.

4. They note that not all ethnic, cultural, linguistic or religiousdifferences necessarily lead to the creation of national minorities.

III [REVIEW OF ISSUES][participation]1. Respecting the right of persons belonging to national minorities toeffective participation in public affairs, the participating States considerthat when issues relating to the situation of national minorities arediscussed within their countries, they themselves should have theeffective opportunity to be involved, in accordance with the decision-making procedures of each State. They further consider that appropriatedemocratic participation in public affairs.

[constructive solutions]2. They consider that special efforts must be made to resolve specificproblems in a constructive manner and through dialogue by means ofnegotiations and consultations with a view to improving the situationof persons belonging to national minorities. They recognize that thepromotion of dialogue between States, and between States and personsbelonging to national minorities, will be most successful when there isa free flow of information and ideas between all parties. They encourageunilateral, bilateral and multilateral efforts by governments to exploreavenues for enhancing the effectiveness of their implementation ofCSCE commitments relating to national minorities.

[non-discrimination]3. The participating States further consider that respect for human rightsand fundamental freedoms must be accorded on a non-discriminatorybasis throughout society. In areas inhabited mainly by persons belongingto other national minorities residing in these areas will be equallyprotected.

[identity]4. They reconfirm that persons belong to national minorities have theright freely to express, preserve and develop their ethnic, cultural,linguistic or religious identity and to maintain and develop their culturein all its aspects, free of any attempts at assimilation against their will.

[elections]5. They will permit the competent authorities to inform the Office forFree Election of all scheduled public election on their territories,including those held below national leave. The participating States willconsider favourably, to the extent permitted by law, the presence ofobservers at election held below the national level, including in areasinhabited by national minorities, and will endeavour to facilitate theiraccess.

IV [STATE MEASURES]1. The participating States will create conditions for persons belongingto national minorities to have equal opportunity to be effectivelyinvolved in the public life, economic activities, and building of theirsocieties.

2. In accordance with paragraph 31 of the Copenhagen Document, theparticipating States will take the necessary measures to preventdiscrimination against individuals, particularly in respect ofemployment, housing and education, on the grounds of belonging ornot belonging to a national minority. In that context, they will makeprovision, if they have not yet done so, for effective recourse to redressfor individuals who have experienced discriminatory treatment on thegrounds of their belonging or not belonging to a national minority,including by making available to individual victims of discriminationa broad array of administrative and judicial remedies.

[values and cultural heritage]3. The participating States are convinced that the preservation of thevalues and of the cultural heritage of national minorities requires theinvolvement of persons belonging to such minorities and that toleranceand respect for different cultures are of paramount importance int hisregard.Accordingly, they confirm the importance of refraining from hinderingthe production of cultural materials concerning national minorities,including by persons belonging to them.

4. the participating States affirm that persons belonging to a nationalminority will enjoy the same rights and have the same duties ofcitizenship as the rest of the population.

5. The participating States reconfirm the importance of adopting, wherenecessary, special measures for the purpose of ensuring to personsbelonging to national minorities full equality with the other citizens inthe exercise and enjoyment of human rights and fundamental freedoms.They further recall the need to take the necessary measures to protectthe ethnic, cultural linguistic and religious identity of national minoritieson their territory and create conditions for the promotion of that identity;any such measures will be in conformity with the principles of equalityand non-discrimination with respect to the other citizens of theparticipating State concerned.

2 E.4 REPORT OF THE CSCE MEETING OF EXPERTS ON NATIONAL MINORITIES, GENEVA

-adopted on 19 July 1991 at Geneva by CSCE experts on national minorities-excerpts

2 E.4 REPORT OF THE CSCE MEETING OF EXPERTS ON NATIONAL MINORITIES, GENEVA

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[the rule of law]18. The participating States recall their commitment to the rule of lawin the Document of the Copenhagen Meeting and affirm their dedicationto supporting and advancing those principles of justice which form thebasis of the rule of law. In particular, they again reaffirm that democracyis an inherent element in the rule of law and that pluralism is importantin regard to political organizations.

18.1 Legislation will be formulated and adopted as the result of anopen process reflecting the will of the people, either directly or throughelected representatives.

18.2 Everyone will have an effective means of redress againstadministrative decisions, so as to guarantee respect for fundamentalrights ad ensure legal integrity.

18.3 To the same end, there will be effective means of redress againstadministrative regulations for individuals affected thereby.

18.4 The participating States will endeavour to provide for judicialreview of such regulations and decisions.

[judiciary]19. The participating State

19.1 will respect the internationally recognized standards that relateto the independence of judges and legal practitioners and the impartialoperation of the public judicial service including, inter alia, the UniversalDeclaration of Human Rights and the International Covenant on Civiland Political Rights;

19.2 will, in implementing the relevant standards and commitments,ensure that the independence of the judiciary is guaranteed and enshrinedin the constitution or the law of the country and is respected in practice,paying particular attention to the Basic Principles on the Independenceof the Judiciary, inter alia , provide fori) prohibiting improper influence on judges;ii) preventing revision of judicial decisions by administrative authorities,except for the rights of the competent authorities to mitigate or commutesentences imposed by judges, in conformity with the law;iii)protecting the judiciary’s freedom of expression and association,subject only to such restrictions as are consistent with its functions;iv) ensuring that judges are properly qualified, trained and selected ona non-discriminatory basis;v) guaranteeing tenure and appropriate conditions of service, includingon the matter of promoting of judges, where applicable;vi) respecting conditions of immunity;vii) ensuring that the disciplining, suspension and removal of judgesare determined according to law.

[independence of the judiciary]20. For the promotion of the independence of the judiciary, theparticipating States will

20.1 recognize the important function national and internationalassociations of judges and lawyers can perform in strengthening respectfor the independence of their members and in providing education andtraining on the role of the judiciary and the legal profession in society;

20.2 promote and facilitate dialogue, exchanges and co-operationamong national associations and other groups interested in ensuringrespect for the independence of the judiciary and the protection oflawyers;

20.3 co-operate among themselves through, inter alia, dialogue,contacts as exchanges in order to identify where problem areas existconcerning the protection of the independence of judges and legalpractitioners and to develop ways and means to address and resolvesuch problems;

20.4 co-operate on an ongoing basis in such areas as the educationand training of judges and legal practitioners, as well as the preparationand enactment of legislation intended to strengthen respect for theirindependence and the impartial operation of the public judicial service.

[state of emergency]28. The participating States consider it important to protect human rightsand fundamental freedoms during a state of public emergency, to take

into account the relevant provisions of the Document of the CopenhagenMeeting, and to observe the international convention to which they areparties.

28.1 The participating States reaffirm that a state of public emergencyis justified only by the most exceptional and grave circumstances,consistent with the State’s international obligations and CSCEcommitments. A state of public emergency amy not be used to subvertthe democratic constitutional order, nor aim at the destruction ofinternationally recognized human rights and fundamental freedoms. Ifrecourse to force cannot be avoided, its use must be reasonable andlimited as far as possible.

28.2 A state of public emergency may be proclaimed only by aconstitutionally lawful body, duly empowered to do so. In cases wherethe decision to impose a state of public emergency may be lawfullytaken by the executive authorities, that decision should be subject toapproval in the shortest possible time or to control by the legislature.

28.3 The decision to impose a state of public emergency will beproclaimed officially, publicly, and in accordance with provisions laiddown by law. The decision will where possible, lay down territoriallimits of a state of public emergency. The State concerned will makeavailable to it citizens information, without delay, about which measureshave been taken. The state of public emergency will be lifted as soonas possible and will not remain in force longer than strictly required bythe exigencies of the situation.

28.4 A de facto imposition or continuation of a state of publicemergency not in accordance with provisions laid down by law is notpermissible.

28.5 The participating States will endeavour to ensure that the normalfunctioning of the legislative bodies will be guaranteed to the highestpossible extent during a state of public emergency.

28.6 The participating States confirm that any derogation formobligations relating to human rights and fundamental freedoms duringa state of public emergency must remain strictly within the limitsprovided for by international law, in particular the relevant internationalinstrument by which they are bound, especially with respect to rightsfrom which there can be no derogation.

28.7 The participating States will endeavour to refrain from makingderogations from those obligations from which, according tointernational conventions to which they are parties, derogation ispossible under a state of public emergency. measures derogating fromsuch obligations must be taken in strict conformity with the proceduralrequirements laid down in those instrument. Such measures will neithergo further nor remain in force longer than strictly required by theexigencies of the situation; they are by nature exceptional and shouldbe interpreted and applied with restraint. Such measures will notdiscriminate solely on the grounds of race, colour, sex, language,religion, social origin or of belonging to a minority.

28.8 The participating States will endeavour to ensure that the legalguarantees necessary to uphold the rule of law will remain in forceduring a state of public emergency. They will endeavour to provide intheir law for control over the regulations related to the state of publicemergency, as well as the implementation of such regulations.

28.9 The participating States will endeavour to maintain freedom orinformation, consistent with their international obligations andcommitments, with a view to enabling public discussion on theobservance of human rights and fundamental freedoms as well as onthe lifting of the state of public emergency. They will, in conformitywith international standards regarding the freedom of expression, takeno measures aimed at barring journalists from the legitimate exerciseof their profession other than those strictly required by the exigenciesof the situation.

28.10 When a state of public emergency is declared or lifted in aparticipating State, the State concerned will immediately inform theCSCE Institution human rights obligations. The Institution will informthe other participating States without delay.

2 E.5 DOCUMENT OF THE MOSCOW MEETING OF THE CONFERENCE ON THE HUMAN DIMENSION OF THE CSCE

2 E.5 DOCUMENT OF THE MOSCOW MEETING OF THE CONFERENCE ON THE HUMANDIMENSION OF THE CSCE

-adopted by the Conference on Security and Co-operation in Europe on 4 October 1991 at Moscow-excerpts of 43 paragraphs

213

1. At the dawn of the twenty-first century we, the Heads of State orGovernment of the OSCE participating States, declare our firmcommitment to a free, democratic and more integrated OSCE area whereparticipating States are at peace with each other, and individuals andcommunities live in freedom, prosperity and security. To implementthis commitment, we have decided to take a number of new steps. Wehave agreed to:

- Adopt the Platform for Co-operative Security, in order to strengthenco-operation between the OSCE and other international organizationsand institutions, thereby making better use of the resources of theinternational community;

- Develop the OSCE’s role in peacekeeping, thereby better reflectingthe Organization’s comprehensive approach to security;

- Create Rapid Expert Assistance and Co-operation Teams (REACT),thereby enabling the OSCE to respond quickly to demands for assistanceand for large civilian field operations;

- Expand our ability to carry out police-related activities in order toassist in maintaining the primacy of law;

- Establish an Operation Centre, in order to plan and deploy OSCEfield operations;

- Strengthen the consultation process within the OSCE byestablishing the Preparatory Committee under the OSCE PermanentCouncil.

We are committed to preventing the outbreak of violent conflictswherever possible. The steps we have agreed to take in this Charterwill strengthen the OSCE’s ability in this respect as well as its capacityto settle conflicts and to rehabilitate societies ravaged by war anddestruction. The Charter will contribute to the formation of a commonand indivisible security space. It will advance the creation of an OSCEarea free of dividing lines and zones with different levels of security.

I. OUR COMMON CHALLENGES [ . . . ]

II. OUR COMMON FOUNDATIONS7. We reaffirm our full adherence to the Charter of the United Nations,

and to the Helsinki Final Act, the Charter of Paris and all other OSCEdocuments to which we have agreed. These documents represent ourcommon commitments and are the foundation for our work. They havehelped us to bring about an end to the old confrontation in Europe andto foster a new era of democracy, peace and solidarity throughout theOSCE area. They established clear standards for participating States’treatment of each other and of all individuals within their territories.All OSCE commitments, without exception, apply equally to eachparticipating State. Their implementation in good faith is essential forrelations between States, between governments and their peoples, aswell as between the organizations of which they are members.Participating States are accountable to their citizens and responsible toeach other for their implementation of their OSCE commitments. Weregard these commitments as our common achievement and thereforeconsider them to be matters of immediate and legitimate concern to allparticipating States.

We reaffirm the OSCE as a regional arrangement under Chapter VIIIof the Charter of the United Nations and as a primary organization forthe peaceful settlement of disputes within its region and as a keyinstrument for early warning, conflict prevention, crisis managementand post-conflict rehabilitation. The OSCE is the inclusive andcomprehensive organization for consultation, decision-making and co-operation in its region.

8. Each participating State has an equal right to security. We reaffirmthe inherent right of each and every participating State to be free tochoose or change its security arrangements, including treaties ofalliance, as they evolve. Each State also has the right to neutrality. Eachparticipating State will respect the rights of all others in these regards.They will not strengthen their security at the expense of the security ofother States. Within the OSCE no State, group of States or organizationcan have any pre-eminent responsibility for maintaining peace and

2 E.6 CHARTER FOR EUROPEAN SECURITY

-adopted by the Participating States of the Organisation for Security and Cooperation in Europe on 19 November 1999 in Istanbul (E)


stability in the OSCE area or can consider any part of the OSCE area asits sphere of influence.

9. We will build our relations in conformity with the concept ofcommon and comprehensive security, guided by equal partnership,solidarity and transparency. The security of each participating State isinseparably linked to that of all others. We will address the human,economic, political and military dimensions of security as an integralwhole.

10. We will continue to uphold consensus as the basis for OSCEdecision-making. The OSCE’s flexibility and ability to respond quicklyto a changing political environment should remain at the heart of theOSCE’s co-operative and inclusive approach to common and indivisiblesecurity.

11. We recognize the primary responsibility of the United NationsSecurity Council for the maintenance of international peace and securityand its crucial role in contributing to security and stability in our region.We reaffirm our rights and obligations under the Charter of the UnitedNations, including our commitment on the issue of the non-use of forceor the threat of force. In this connection, we also reaffirm ourcommitment to seek the peaceful resolution of disputes as set out in theCharter of the United Nations.

Based on these foundations we will strengthen our common responseand improve our common instruments in order to meet the challengesconfronting us more efficiently.

III. OUR COMMON RESPONSECO-OPERATION WITH OTHER ORGANIZATIONS: THEPLATFORM FOR CO-OPERATIVE SECURITY[ . . . ]

THE HUMAN DIMENSION19. We reaffirm that respect for human rights and fundamental

freedoms, democracy and the rule of law is at the core of the OSCE’scomprehensive concept of security. We commit ourselves to countersuch threats to security as violations of human rights and fundamentalfreedoms, including the freedom of thought, conscience, religion orbelief and manifestations of intolerance, aggressive nationalism, racism,chauvinism, xenophobia and anti-semitism.

The protection and promotion of the rights of persons belonging tonational minorities are essential factors for democracy, peace, justiceand stability within, and between, participating States. In this respectwe reaffirm our commitments, in particular under the relevant provisionsof the Copenhagen 1990 Human Dimension Document, and recall theReport of the Geneva 1991 Meeting of Experts on National Minorities.Full respect for human rights, including the rights of persons belongingto national minorities, besides being an end in itself, may not undermine,but strengthen territorial integrity and sovereignty. Various concepts ofautonomy as well as other approaches outlined in the above-mentioneddocuments, which are in line with OSCE principles, constitute ways topreserve and promote the ethnic, cultural, linguistic and religiousidentity of national minorities within an existing State. We condemnviolence against any minority. We pledge to take measures to promotetolerance and to build pluralistic societies where all, regardless of theirethnic origin, enjoy full equality of opportunity. We emphasize thatquestions relating to national minorities can only be satisfactorilyresolved in a democratic political framework based on the rule of law.

We reaffirm our recognition that everyone has the right to anationality and that no one should be deprived of his or her nationalityarbitrarily. We commit ourselves to continue our efforts to ensure thateveryone can exercise this right. We also commit ourselves to furtherthe international protection of stateless persons.

20. We recognize the particular difficulties faced by Roma and Sintiand the need to undertake effective measures in order to achieve fullequality of opportunity, consistent with OSCE commitments, for personsbelonging to Roma and Sinti. We will reinforce our efforts to ensure

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that Roma and Sinti are able to play a full and equal part in our societies,and to eradicate discrimination against them.

21. We are committed to eradicating torture and cruel, inhumane ordegrading treatment or punishment throughout the OSCE area. To thisend, we will promote legislation to provide procedural and substantivesafeguards and remedies to combat these practices. We will assistvictims and co-operate with relevant international organizations andnon-governmental organizations, as appropriate.

22. We reject any policy of ethnic cleansing or mass expulsion. Wereaffirm our commitment to respect the right to seek asylum and toensure the international protection of refugees as set out in the 1951Convention Relating to the Status of Refugees and its 1967 Protocol,as well as to facilitate the voluntary return of refugees and internallydisplaced persons in dignity and safety. We will pursue withoutdiscrimination the reintegration of refugees and internally displacedpersons in their places of origin.

In order to enhance the protection of civilians in times of conflict,we will seek ways of reinforcing the application of internationalhumanitarian law.

23. The full and equal exercise by women of their human rights isessential to achieve a more peaceful, prosperous and democratic OSCEarea. We are committed to making equality between men and womenan integral part of our policies, both at the level of our States and withinthe Organization.

24. We will undertake measures to eliminate all forms ofdiscrimination against women, and to end violence against women andchildren as well as sexual exploitation and all forms of trafficking inhuman beings. In order to prevent such crimes we will, among othermeans, promote the adoption or strengthening of legislation to holdaccountable persons responsible for these acts and strengthen theprotection of victims. We will also develop and implement measures topromote the rights and interests of children in armed conflict and post-conflict situations, including refugees and internally displaced children.We will look at ways of preventing forced or compulsory recruitmentfor use in armed conflict of persons under 18 years of age.

25. We reaffirm our obligation to conduct free and fair elections inaccordance with OSCE commitments, in particular the CopenhagenDocument 1990. We recognize the assistance the ODIHR can provideto participating States in developing and implementing electorallegislation. In line with these commitments, we will invite observers toour elections from other participating States, the ODIHR, the OSCEParliamentary Assembly and appropriate institutions and organizationsthat wish to observe our election proceedings. We agree to follow uppromptly the ODIHR’s election assessment and recommendations.

26. We reaffirm the importance of independent media and the freeflow of information as well as the public’s access to information. Wecommit ourselves to take all necessary steps to ensure the basicconditions for free and independent media and unimpeded transborderand intra-State flow of information, which we consider to be an essentialcomponent of any democratic, free and open society.

27. Non-governmental organizations (NGOs) can perform a vitalrole in the promotion of human rights, democracy and the rule of law.They are an integral component of a strong civil society. We pledgeourselves to enhance the ability of NGOs to make their full contributionto the further development of civil society and respect for human rightsand fundamental freedoms. [. . . ]

RULE OF LAW AND FIGHT AGAINST CORRUPTION33. We reaffirm our commitment to the rule of law. We recognize

that corruption poses a great threat to the OSCE’s shared values. Itgenerates instability and reaches into many aspects of the security,economic and human dimensions. Participating States pledge tostrengthen their efforts to combat corruption and the conditions thatfoster it, and to promote a positive framework for good governmentpractices and public integrity. They will make better use of existinginternational instruments and assist each other in their fight againstcorruption. As part of its work to promote the rule of law, the OSCEwill work with NGOs that are committed to a strong public and businessconsensus against corrupt practices.

IV. OUR COMMON INSTRUMENTSENHANCING OUR DIALOGUE

34. We are determined to broaden and strengthen our dialogueconcerning developments related to all aspects of security in the OSCEarea. We charge the Permanent Council and the FSC within theirrespective areas of competence to address in greater depth securityconcerns of the participating States and to pursue the OSCE’s conceptof comprehensive and indivisible security.

OSCE FIELD OPERATIONS37. The Permanent Council will establish field operations. It will

decide on their mandates and budgets. On this basis, the PermanentCouncil and the Chairman-in-Office will provide guidance to suchoperations.

38. The development of OSCE field operations represents a majortransformation of the Organization that has enabled the OSCE to playa more prominent role in promoting peace, security and compliancewith OSCE commitments. Based on the experience we have acquired,we will develop and strengthen this instrument further in order to carryout tasks according to their respective mandates, which may, inter alia,include the following:- Providing assistance and advice or formulating recommendations inareas agreed by the OSCE and the host country;- Observing compliance with OSCE commitments and providing adviceor recommendations for improved compliance;- Assisting in the organization and monitoring of elections;- Providing support for the primacy of law and democratic institutionsand for the maintenance and restoration of law and order;- Helping to create conditions for negotiation or other measures thatcould facilitate the peaceful settlement of conflicts;- Verifying and/or assisting in fulfilling agreements on the peacefulsettlement of conflicts;- Providing support in the rehabilitation and reconstruction of variousaspects of society.

RAPID RESPONSE (REACT) [. . . ]

OPERATION CENTRE [ . . . ]

POLICE-RELATED ACTIVITIES [ . . . ]45. We shall also promote the development of independent judicial

systems that play a key role in providing remedies for human rightsviolations as well as providing advice and assistance for prison systemreforms. The OSCE will also work with other international organizationsin the creation of political and legal frameworks within which the policecan perform its tasks in accordance with democratic principles and therule of law.

PEACEKEEPING [. . . ]

THE COURT OF CONCILIATION AND ARBITRATION47. We reiterate that the principle of the peaceful settlement of

disputes is at the core of OSCE commitments. The Court of Conciliationand Arbitration, in this respect, remains a tool available to those, alarge number of participating States, which have become parties to the1992 Convention of Stockholm. We encourage them to use thisinstrument to resolve disputes between them, as well as with otherparticipating States which voluntarily submit to the jurisdiction of theCourt. We also encourage those participating States which have not yetdone so to consider joining the Convention.

V. OUR PARTNERS FOR CO-OPERATION [ . . . ]

VI. CONCLUSION [ . . . ]

Annex: Operational Document - the Platform for Co-operativeSecurity (not included here)


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The Nineteenth Islamic Conference of Foreign Ministers (Sessionof Peace, Interdependence and Development),

Keenly aware of the place of mankind in Islam as vicegerent of Allahon Earth;

Recognizing the importance of issuing a Document on Human Rightsin Islam that will serve as a guide for Member states in all aspects oflife;

Having examined the stages through which the preparation of thisdraft Document has so far, passed and the relevant report of the SecretaryGeneral;

Having examined the Report of the Meeting of the Committee ofLegal Experts held in Tehran from 26 to 28 December, 1989;

Agrees to issue the Cairo Declaration on Human Rights in Islamthat will serve as a general guidance for Member States in the Field ofhuman rights.

Reaffirming the civilizing and historical role of the Islamic Ummahwhich Allah made as the best community and which gave humanity auniversal and well-balanced civilization, in which harmony isestablished between hereunder and the hereafter, knowledge iscombined with faith, and to fulfill the expectations from this communityto guide all humanity which is confused because of different andconflicting beliefs and ideologies and to provide solutions for all chronicproblems of this materialistic civilization. In contribution to the effortsof mankind to assert human rights, to protect man from exploitationand persecution, and to affirm his freedom and right to a dignified lifein accordance with the Islamic Shari’ah.

Convinced that mankind which has reached an advanced stage inmaterialistic science is still, and shall remain, in dire need of faith tosupport its civilization as well as a self motivating force to guard itsrights;

Believing that fundamental rights and freedoms according to Islamare an integral part of the Islamic religion and that no one shall havethe right as a matter of principle to abolish them either in whole or inpart or to violate or ignore them in as much as they are binding divinecommands, which are contained in the Revealed Books of Allah andwhich were sent through the last of His Prophets to complete thepreceding divine messages and that safeguarding those fundamentalrights and freedoms is an act of worship whereas the neglect or violationthereof is an abominable sin, and that the safeguarding of thosefundamental rights and freedom is an individual responsibility of everyperson and a collective responsibility of the entire Ummah;

Do hereby and on the basis of the above-mentioned principles declareas follows:

Article 1 [all human beings are Allah’s subjects]a) All human beings form one family whose members are united by

their subordination to Allah and descent from Adam. All men are equalin terms of basic human dignity and basic obligations and responsibili-ties, without any discrimination on the basis of race, colour, language,belief, sex, religion, political affiliation, social status or other consid-erations. The true religion is the guarantee for enhancing such dignityalong the path to human integrity.

b) All human beings are Allah’s subjects, and the most loved byHim are those who are most beneficial to His subjects, and no one hassuperiority over another except on the basis of piety and good deeds.

Article 2 [right to life and safety from bodily harm]a) Life is a God-given gift and the right to life is guaranteed to every

human being. It is the duty of individuals, societies and states tosafeguard this right against any violation, and it is prohibited to takeaway life except for a Shari’ah prescribed reason.

b) It is forbidden to resort to any means which could result in thegenocidal annihilation of mankind.

c) The preservation of human life throughout the term of time willedby Allah is a duty prescribed by Shari’ah.

2 F.1 CAIRO DECLARATION ON HUMAN RIGHTS IN ISLAM

-adopted on 5 August 1990 at the Nineteenth Islamic Conference of Foreign Ministers, held in Cairo, Arab Republic of Egypt, from 9-14 Muharram 1411H (31 July to 5 August 1990)


d) Safety from bodily harm is a guaranteed right. It is the duty of thestate to safeguard it, and it is prohibited to breach it withouta Shari’ah-prescribed reason.

Article 3 [humanitarian law]a) In the event of the use of force and in case of armed conflict, it is

not permissible to kill non-belligerents such as old men, women andchildren. The wounded and the sick shall have the right to medicaltreatment; and prisoners of war shall have the right to be fed, shelteredand clothed. It is prohibited to mutilate or dismember dead bodies. It isrequired to exchange prisoners of war and to arrange visits or reunionsof families separated by circumstances of war.

b) It is prohibited to cut down trees, to destroy crops or livestock, todestroy the enemy’s civilian buildings and installations by shelling,blasting or any other means.

Article 4 [entitlement to human sanctity]Every human being is entitled to human sanctity and the protection

of one’s good name and honour during one’s life and after one’s death.The state and the society shall protect one’s body and burial place fromdesecration.

Article 5 [the family as foundation of society]a) The family is the foundation of society, and marriage is the basis

of making a family. Men and women have the right to marriage, and norestrictions stemming from race, colour or nationality shall prevent themfrom exercising this right.

b) The society and the State shall remove all obstacles to marriageand facilitate it, and shall protect the family and safeguard its welfare.

Article 6 [woman is equal to man in human dignity]a) Woman is equal to man in human dignity, and has her own rights

to enjoy as well as duties to perform, and has her own civil entity andfinancial independence, and the right to retain her name and lineage.

b) The husband is responsible for the maintenance and welfare ofthe family.

Article 7 [rights of children]a) As of the moment of birth, every child has rights due from the

parents, the society and the state to be accorded proper nursing,education and material, hygienic and moral care. Both the fetus andthe mother must be safeguarded and accorded special care.

b) Parents and those in such like capacity have the right to choosethe type of education they desire for their children, provided they takeinto consideration the interest and future of the children in accordancewith ethical values and the principles of the Shari’ah.

c) Both parents are entitled to certain rights from their children, andrelatives are entitled to rights from their kin, in accordance with thetenets of the shari’ah.

Article 8 [right to eligibility]Every human being has the right to enjoy a legitimate eligibility

with all its prerogatives and obligations in case such eligibility is lostor impaired, the person shall have the right to be represented by his/herguardian.

Article 9 [right to education]a) The seeking of knowledge is an obligation and provision of

education is the duty of the society and the State. The State shall ensurethe availability of ways and means to acquire education and shallguarantee its diversity in the interest of the society so as to enable manto be acquainted with the religion of Islam and uncover the secrets ofthe Universe for the benefit of mankind.

b) Every human being has a right to receive both religious andworldly education from the various institutions of teaching, educationand guidance, including the family, the school, the university, the media,

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etc., and in such an integrated and balanced manner that would develophuman personality, strengthen man’s faith in Allah and promote man’srespect to and defence of both rights and obligations.

Article 10 [role of religion]Islam is the religion of true unspoiled nature. It is prohibited to

exercise any form of pressure on man or to exploit his poverty orignorance in order to force him to change his religion to another religionor to atheism.

Article 11 [prohibition of slavery and colonialism]a) Human beings are born free, and no one has the right to enslave,

humiliate, oppress or exploit them, and there can be no subjugation butto Allah the Almighty.

b) Colonialism of all types being one of the most evil forms ofenslavement is totally prohibited. Peoples suffering from colonialismhave the full right to freedom and self-determination. It is the duty ofall States peoples to support the struggle of colonized peoples for theliquidation of all forms of and occupation, and all States and peopleshave the right to preserve their independent identity and econtrol overtheir wealth and natural resources.

Article 12 [freedom of movement and entitlement to seek asylum]Every man shall have the right, within the framework of the Shari’ah,

to free movement and to select his place of residence whether within oroutside his country and if persecuted, is entitled to seek asylum inanother country. The country of refuge shall be obliged to provideprotection to the asylum-seeker until his safety has been attained, unlessasylum is motivated by committing an act regarded by the Shari’ah asa crime.

Article 13 [rights to work]Work is a right guaranteed by the State and the Society for each

person with capability to work. Everyone shall be free to choose thework that suits him best and which serves his interests as well as thoseof the society. The employee shall have the right to enjoy safety andsecurity as well as all other social guarantees. He may not be assignedwork beyond his capacity nor shall he be subjected to compulsion orexploited or harmed in any way. He shall be entitled - without anydiscrimination between males and females - to fair wages for his workwithout delay, as well as to the holidays allowances and promotionswhich he deserves. On his part, he shall be required to be dedicatedand meticulous in his work. Should workers and employers disagreeon any matter, the State shall intervene to settle the dispute and havethe grievances redressed, the rights confirmed and justice enforcedwithout bias.

Article 14 [prohibition of usury]Everyone shall have the right to earn a legitimate living without

monopolization, deceit or causing harm to oneself or to others. Usury(riba) is explicitly prohibited.

Article 15 [right to property]a) Everyone shall have the right to own property acquired in a

legitimate way, and shall be entitled to the rights of ownership withoutprejudice to oneself, others or the society in general. Expropriation isnot permissible except for requirements of public interest and uponpayment of prompt and fair compensation.

b) Confiscation and seizure of property is prohibited except for anecessity dictated by law.

Article 16 [intellectual; property rights]Everyone shall have the right to enjoy the fruits of his scientific,

literary, artistic or technical labour of which he is the author; and heshall have the right to the protection of his moral and material interestsstemming therefrom, provided it is not contrary to the principles of theShari’ah.

Article 17 [health rights]a) Everyone shall have the right to live in a clean environment, away

from vice and moral corruption, that would favour a healthy ethicaldevelopment of his person and it is incumbent upon the State and societyin general to afford that right.

b) Everyone shall have the right to medical and social care, and toall public amenities provided by society and the State within the limitsof their available resources.

c) The States shall ensure the right of the individual to a decentliving that may enable him to meet his requirements and those of hisdependents, including food, clothing, housing, education, medical careand all other basic needs.

Article 18 [rights to security and privacy]a) Everyone shall have the right to live in security for himself, his

religion, his dependents, his honour and his property.b) Everyone shall have the right to privacy in the conduct of his

private affairs, in his home, among his family, with regard to his propertyand his relationships. It is not permitted to spy on him, to place himunder surveillance or to besmirch his good name. The State shall protecthim from arbitrary interference.

c) A private residence is inviolable in all cases. It will not be enteredwithout permission from its inhabitants or in any unlawful manner, norshall it be demolished or confiscated and its dwellers evicted.

Article 19 [due process rights]a) All individuals are equal before the law, without distinction

between the ruler and the ruled.b) The right to resort to justice is guaranteed to everyone.c) Liability is in essence personal.d) There shall be no crime or punishment except as provided for in

the Shari’ah.e) A defendant is innocent until his guilt is proven in a fast trial in

which he shall be given all the guarantees of defence.

Article 20 [right to liberty and prohibition of torture]It is not permitted without legitimate reason to arrest an individual,

or restrict his freedom, to exile or to punish him. It is not permitted tosubject him to physical or psychological torture or to any form ofmaltreatment, cruelty or indignity. Nor is it permitted to subject anindividual to medical or scientific experiments without hisconsent orat the risk of his health or of his life. Nor is it permitted to promulgateemergency laws that would provide executive authority for such actions.

Article 21 [prohibition of taking hostages]Taking hostages under any form or for any purpose is expressly

forbidden.

Article 22 [freedom of expression]a) Everyone shall have the right to express his opinion freely in such

manner as would not be contrary to the principles of the Shari’ah.b) Everyone shall have the right to advocate what is right, and

propagate what is good, and warn against what is wrong and evilaccording to the norms of Islamic Shari’ah.

c) Information is a vital necessity to society. It may not be exploitedor misused in such a way as may violate sanctities and the dignity ofProphets, undermine moral and ethical Values or disintegrate, corruptor harm society or weaken its faith.

d) It is not permitted to excite nationalistic or doctrinal hatred or todo anything that may be an incitement to any form or racialdiscrimination.

Article 23 [prohibition of abuse of authority, right to participation]a) Authority is a trust; and abuse or malicious exploitation thereof is

explicitly prohibited, in order to guarantee fundamental human rights.b) Everyone shall have the right to participate, directly or indirectly

in the administration of his country’s public affairs. He shall also havethe right to assume public office in accordance with the provisions ofShari’ah.

Article 24 [all rights are subject to Islamic Shari’ah]All the rights and freedoms stipulated in this Declaration are subject

to the Islamic Shari’ah.

Article 25 [Islamic Shari’ah is the source of interpretation]The Islamic Shari’ah is the only source of reference for the

explanation or clarification of any of the articles of this Declaration.


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INTERNATIONAL LAWINSTRUMENTS

218

3 A.1 CHARTER OF THE UNITED NATIONS

-adopted by the San Francisco Conference on 26 June 1945 at San Francisco-opened for signature and ratification on 26 June 1945-entered into force on 24 October 1945-excerpts of 111 articles

We the Peoples of the United Nations, determinedto save succeeding generations from the scourge of war, which twice

in our lifetime has brought untold sorrow to mankind, andto reaffirm faith in fundamental human rights, in the dignity and

worth of the human person, in the equal rights of men and women andof nations large and small, and

to establish conditions under which justice and respect for theobligations arising from treaties and other sources of international lawcan be maintained, and

to promote social progress and better standards of life in largerfreedom,And for these ends

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

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

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

to employ international machinery for the promotion of the economicand social advancement of all peoples,Have resolved to combine our efforts to accomplish these aims.

Accordingly , our respective Governments, through representativesassembled in the city of San Francisco, who have exhibited their fullpowers found to be in good and due form, have agreed to the presentCharter of the United Nations and do hereby establish an internationalorganization to be known as the United Nations.

CHAPTER I PURPOSES AND PRINCIPLESArticle 1 [purposes]The Purposes of the United Nations are:

1. To maintain international peace and security, and to that end: totake effective collective measures for the prevention and removal ofthreats to the peace, and for the suppression of acts of aggression orother breaches of the peace, and to bring about by peaceful means, andin conformity with the principles of justice and international law,adjustment or settlement of international disputes or situations whichmight lead to a breach of the peace;

2. To develop friendly relations among nations based on respect forthe principle of equal rights and self-determination of peoples, and totake other appropriate measures to strengthen universal peace;

3. To achieve international co-operation in solving internationalproblems of an economic, social, cultural, or humanitarian character,and in promoting and encouraging respect for human rights and forfundamental freedoms for all without distinction as to race, sex,language, or religion; and

4. To be a centre for harmonizing the actions of nations in theattainment of these common ends.

Article 2 [principles]The Organization and its Members, in pursuit of the Purposes stated

in Article 1, shall act in accordance with the following Principles.1. The Organization is based on the principle of the sovereign equality

of all its Members.2. All Members, in order to ensure to all of them the rights and

benefits resulting from membership, shall fulfil in good faith theobligations assumed by them in accordance with the present Charter.

3. All Members shall settle their international disputes by peacefulmeans in such a manner that international peace and security, and justice,are not endangered.

4. All Members shall refrain in their inter-national relations fromthe threat or use of force against the territorial integrity or political

independence of any state, or in any other manner inconsistent with thePurposes of the United Nations.

5. All Members shall give the United Nations every assistance inany action it takes in accordance with the present Charter, and shallrefrain from giving assistance to any state against which the UnitedNations is taking preventive or enforcement action.

6. The Organization shall ensure that states which are not Membersof the United Nations act in accordance with these Principles so far asmay be necessary for the maintenance of international peace andsecurity.

7. Nothing contained in the present Charter shall authorize the UnitedNations to intervene in matters which are essentially within the domesticjurisdiction of any state or shall require the Members to submit suchmatters to settlement under the present Charter; but this principle shallnot prejudice the application of enforcement measures under ChapterVII.

CHAPTER II MEMBERSHIPArticle 3 [original membership]The original Members of the United Nations shall be the states which,having participated in the United Nations Conference on InternationalOrganization at San Francisco, or having previously signed theDeclaration by United Nations of 1 January 1942, sign the presentCharter and ratify it in accordance with Article 110.

Article 4 [admission]1. Membership in the United Nations is open to all other peace-lovingstates which accept the obligations contained in the present Charterand, in the judgment of the Organization, are able and willing to carryout these obligations.2. The admission of any such state to membership in the United Nationswill be effected by a decision of the General Assembly upon therecommendation of the Security Council.

CHAPTER III ORGANSArticle 7 [principal organs]1. There are established as the principal organs of the United Nations:- a General Assembly- a Security Council- an Economic and Social Council- a Trusteeship Council- an International Court of Justice- and a Secretariat.

2. Such subsidiary organs as may be found necessary may beestablished in accordance with the present Charter.

Article 8 [equal opportunity for men and women]The United Nations shall place no restrictions on the eligibility of

men and women to participate in any capacity and under conditions ofequality in its principal and subsidiary organs.

CHAPTER IV THE GENERAL ASSEMBLYArticle 13 [General Assembly initiatives]

1. The General Assembly shall init iate studies and makerecommendations for the purpose of:a) promoting international co-operation in the political field andencouraging the progressive development of international law and itscodification;b) promoting international co-operation in the economic, social,cultural, educational, and health fields, and assisting in the realizationof human rights and fundamental freedoms for all without distinctionas to race, sex, language, or religion.


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2. The further responsibilities, functions and powers of the GeneralAssembly with respect to matters mentioned in paragraph 1(b) aboveare set forth in Chapters IX and X.

CHAPTER V THE SECURITY COUNCILArticle 24 [functions and powers]

1. In order to ensure prompt and effective action by the UnitedNations, its Members confer on the Security Council primaryresponsibility for the maintenance of international peace and security,and agree that in carrying out its duties under this responsibility theSecurity Council acts on their behalf.

2. In discharging these duties the Security Council shall act inaccordance with the Purposes and Principles of the United Nations.The specific powers granted to the Security Council for the dischargeof these duties are laid down in Chapters VI, VII, VIII, and XII.

3. The Security Council shall submit annual and, when necessary,special reports to the General Assembly for its consideration.

CHAPTER VI PACIFIC SETTLEMENT OF DISPUTESArticle 33 [obligation to seek peaceful dispute settlement]

1. The parties to any dispute, the continuance of which is likely toendanger the maintenance of international peace and security, shall,first of all, seek a solution by negotiation, enquiry, mediation,conciliation, arbitration, judicial settlement, resort to regional agenciesor arrangements, or other peaceful means of their own choice.

2. The Security Council shall, when it deems necessary, call uponthe parties to settle their dispute by such means.

CHAPTER VII ACTION WITH RESPECT TO THREATS TOTHE PEACE, BREACHES OF THE PEACE,AND ACTS OF AGGRESSION

CHAPTER VIII REGIONAL ARRANGEMENTS

CHAPTER IX INTERNATIONAL ECONOMIC AND SOCIALCO-OPERATION

Article 55 [duties of the UN]With a view to the creation of conditions of stability and well-being

which are necessary for peaceful and friendly relations among nationsbased on respect for the principle of equal rights and self-determinationof peoples, the United Nations shall promote:a) higher standards of living, full employment, and conditions ofeconomic and social progress and development;b) solutions of international economic, social, health, and relatedproblems; and international cultural and educational co-operation; andc) universal respect for, and observance of, human rights andfundamental freedoms for all without distinction as to race, sex,language, or religion.

Article 56 [duties of Member States]All Members pledge themselves to take joint and separate action in

co-operation with the Organization for the achievement of the purposesset forth in Article 55.

CHAPTER X THE ECONOMIC AND SOCIAL COUNCILArticle 62 [functions and powers]

1. The Economic and Social Council may make or initiate studiesand reports with respect to international economic, social, cultural,educational, health, and related matters and may make recommendationswith respect to any such matters to the General Assembly, to theMembers of the United Nations, and to the specialized agenciesconcerned.

2. It may make recommendations for the purpose of promotingrespect for, and observance of, human rights and fundamental freedomsfor all.

3. It may prepare draft conventions for submission to the GeneralAssembly, with respect to matters falling within its competence.

4. It may call, in accordance with the rules prescribed by the UnitedNations, international conferences on matters falling within itscompetence.

CHAPTER XI DECLARATION REGARDINGNON-SELF-GOVERNING TERRITORIES

CHAPTER XII INTERNATIONAL TRUSTEESHIP SYSTEMArticle 76 [objectives]

The basic objectives of the trusteeship system, in accordance withthe Purposes of the United Nations laid down in Article 1 of the presentCharter, shall be:a) to further international peace and security;b) to promote the political, economic, social, and educationaladvancement of the inhabitants of the trust territories, and theirprogressive development towards self-government or independence asmay be appropriate to the particular circumstances of each territoryand its peoples and the freely expressed wishes of the peoples concerned,and as may be provided by the terms of each trusteeship agreement;c) to encourage respect for human rights and for fundamental freedomsfor all without distinction as to race, sex, language, or religion, and toencourage recognition of the interdependence of the peoples of theworld; andd) to ensure equal treatment in social, economic, and commercial mattersfor all Members of the United Nations and their nationals, and alsoequal treatment for the latter in the administration of justice, withoutprejudice to the attainment of the foregoing objectives and subject tothe provision of Article 80.

CHAPTER XIII THE TRUSTEESHIP COUNCIL

CHAPTER XIV THE INTERNATIONAL COURT OF JUSTICEArticle 92 [function]

The International Court of Justice shall be the principal judicial organof the United Nations. It shall function in accordance with the annexedStatute, which is based upon the Statute of the Permanent Court ofInternational Justice and forms an integral part of the present Charter.

Article 93 [parties]1. All members of the United Nations are ipso facto parties to the

Statute of the International Court of Justice.2. A state which is not a member of the United Nations may become

a party to the Statute of the International Court of Justice on conditionsto be determined in each case by the General Assembly uponrecommendation of the Security Council.

Article 94 [compliance with decisions]1. Each member of the United Nations undertakes to comply with

the decision of the International Court of Justice in any case to which itis a party.

2. If any party to a case fails to perform the obligations incumbentupon it under a judgment rendered by the Court, the other party mayhave recourse to the Security Council, which may, if it deems necessary,make recommendations or decide upon measures to be taken to giveeffect to the judgment.

Article 95 [alternatives]Nothing in the present Charter shall prevent Members of the United

Nations from entrusting the solution of their differences to othertribunals by virtue of agreements already in existence or which may beconcluded in the future.

Article 96 [advisory opinion]1. The general Assembly or the Security Council may request the

International Court of Justice to give an advisory opinion on any legalquestion.

2. Other organs of the United Nations and specialized agencies,which may at any time be so authorized by the General Assembly, mayalso request advisory opinions of the Court on legal questions arisingwithin the scope of their activities.

CHAPTER XV THE SECRETARIAT


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The States Parties to the present Convention,Considering the fundamental role of treaties in the history of

international relations,Recognizing the ever-increasing importance of treaties as a source

of international law and as a means of developing peaceful co-operationamong nations, whatever their constitutional and social systems,

Noting that the principles of free consent and of good faith and thepacta sunt servanda rule are universally recognized,

Affirming that disputes concerning treaties, like other internationaldisputes, should be settled by peaceful means and in conformity withthe principles of justice and international law,

Recalling the determination of peoples of the United Nations toestablish conditions under which justice and respect for the obligationsarising from treaties can be maintained,

Having in mind the principles of international law embodied in theCharter of the United Nations, such as the principles of the equal rightsand self-determination of peoples, of the sovereign equality andindependence of all States, of non-interference in the domestic affairsof States, of the prohibition of the threat or use of force and of universalrespect for, and observance of, human rights and fundamental freedomsfor all,

Believing that the codification and progressive development of thelaw of treaties achieved in the present Convention will promote thepurposes of the United Nations set forth in the Charter, namely, themaintenance of international peace and security, the development offriendly relations and the achievement of co-operation among nations,

Affirming that the rules of customary international law will continueto govern questions not regulated by the provisions of the presentConvention,


PART 1 INTRODUCTIONArticle 1 Scope of the present convention

The present Convention applies to treaties between States.

Article 2 Use of terms1. For the purposes of the present Convention:

a) ‘treaty’ means an international agreement concluded between Statesin written form and governed by international law, whether embodiedin a single instrument or in two or more related instruments and whateverits particular designation;b) ‘ratification’, ‘acceptance’, ‘approval’, and ‘accession’ mean in eachcase the international act so named whereby a State establishes on theinternational plane its consent to be bound by a treaty;c) ‘full powers’ means a document emanating from the competentauthority of a State designating a person or persons to represent thestate for negotiating, adopting or authenticating the text of a treaty, forexpressing the consent of the State to be bound by a treaty, or foraccomplishing any other act with respect to a treaty;d) ‘reservation’ means a unilateral statement, however phrased ornamed, made by a State, when signing, ratifying, accepting, approving,or acceding to a treaty, whereby it purports to exclude or to modify thelegal effect of certain provisions of the treaty in their application tothat State;e) ‘negotiating State’ means a State which took part in the drawing upand adoption of the text of the treaty;f) ‘contracting State’ means a State which has consented to be boundby the treaty, whether or not the treaty has entered into force;g) ‘party’ means a state which has consented to be bound by the treatyand for which the treaty has entered into force;h) ‘third State’ means a State not a party to the treaty;

3 A.2 VIENNA CONVENTION ON THE LAW OF TREATIES

-adopted on 23 May 1969 at Vienna-opened for signature, ratification and accession on 23 May 1969-entered into force on 27 January 1980-ratifications, etc.: 98 as per 15 July 2004-excerpts of 85 articles

i) ‘international organization’ means an intergovernmental organiza-tion.

2. The provisions of paragraph 1 regarding the use of terms in thepresent Convention are without prejudice to the use of those terms orto the meanings which may be given to them in the internal law of anyState.

Article 3 International agreements not within the scope of thepresent Convention

The fact that the present Convention does not apply to internationalagreements concluded between States and other subjects of internationallaw or between such other subjects of international law, or tointernational agreements not in written form, shall not affect:a) the legal force of such agreements;b) the application to them of any of the rules set forth in the presentConvention to which they would be subject under international lawindependently of the Convention;c) the application of the Convention to the relations of states as betweenthemselves under international agreements to which other subjects ofinternational law are also parties.

Article 4 Non-retroactivity of the present ConventionWithout prejudice to the application of any rules set forth in the

present Convention to which treaties between one or more States andone or more international organizations or between internationalorganizations would be subject under international law independentlyof the Convention, the Convention applies only to such treatiesconcludedafter the entry into force of the present Convention with regard to thoseStates and those organizations.

Article 5 [treaties related to international organizations]The present Convention applies to any treaty which is the constituent

instrument of an international organization and to any treaty adoptedwithin an international organization without prejudice to any relevantrules of the organization.

PART II CONCLUSION AND ENTRY INTO FORCESection 1 Conclusion of TreatiesArticle 6 Capacity of states to conclude treaties

Every State possesses the capacity to conclude treaties.

Article 9 Adoption of the text1. The adoption of the text of a treaty takes place by the consent of

all the States participating in its drawing up except as provided inparagraph 2.

2. The adoption of the text of a treaty at an international conferencetakes place by the vote of two-thirds of the states present and voting,unless by the same majority they shall decide to apply a different rule.

Article 11 Means of expressing consent to be bound by a treatyThe consent of a State to be bound by a treaty may be expressed by

signature, exchange of instruments constituting a treaty, ratification,acceptance, approval or accession, or any other means if so agreed.

Article 18 Obligation prior to its entry into forceA State is obliged to refrain from acts which would defeat the object

and purpose of a treaty when;a) it has signed the treaty or has exchanged instruments constitutingthe treaty subject to ratification, acceptance or approval, until it shallhave made its intention clear not to become a party to the treaty; or


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b) it has expressed its consent to be bound by the treaty, pending theentry into force of the treaty and provided that such entry into force isnot unduly delayed.

Section 2 ReservationsArticle 19 Formulation of reservations

A State may, when signing, ratifying, accepting, approving oracceding to a treaty, formulate a reservation unless:a) the reservation is prohibited by the treaty;b) the treaty provides that only specified reservations, which to notinclude the reservation in question, may be made; orc) in cases not falling under sub-paragraphs (a) and (b), the reservationis incompatible with the object and purpose of the treaty.

Article 20 Acceptance of and objection to reservations1. A reservation expressly authorized by a treaty does not require

any subsequent acceptance by the other contracting States unless thetreaty so provides.

2. When it appears from the limited number of the negotiating Statesand the object and purpose of a treaty that the application of the treatyin its entirety between all the parties is an essential condition of theconsent of each one to be bound by the treaty, a reservation requiresacceptance by all the parties.

3. When a treaty is a constituent instrument of an internationalorganization and unless it otherwise provides, a reservation requiresthe acceptance of the competent organ of that organization.

4. In cases not falling under the preceding paragraphs and unless thetreaty otherwise provides:a) acceptance by another contracting State of a reservation constitutesthe reserving State a party to the treaty in relation to that other State ifor when the treaty is in force for those States;b) an objection by another contracting State to a reservation does notpreclude the entry into force of the treaty as between the objecting andreserving States unless a contrary intention is definitely expressed bythe objecting State;c) an act expressing a State’s consent to be bound by the treaty andcontaining a reservation is effective as soon as at least one othercontracting State has accepted the reservation.

5. For the purposes of paragraphs 2 and 4 and unless the treatyotherwise provides, a reservation is considered to have been acceptedby a State if it shall have raised no objection to the reservation by theend of a period of twelve months after it was notified of the reservationor by the date on which it expressed its consent to be bound by thetreaty, whichever is later.

Article 21 Legal effects of reservations and of objections toreservations

1. A reservation established with regard to another party in accordancewith Articles 19, 20 and 23:a) modifies for the reserving State in its relations with that other partythe provisions of the treaty to which the reservation relates to the extentof the reservation; andb) modifies those provisions to the same extent for that other party inits relations with the reserving State.

2. The reservation does not modify the provisions of the treaty forthe other parties to the treaty inter se .

3. When a State objecting to a reservation has not opposed the entryinto force of the treaty between itself and the reserving State, theprovisions to which the reservation relates do not apply as between thetwo states to the extent of the reservation.

Article 22 Withdrawal of reservations and of objections toreservations

1. Unless the treaty otherwise provides, a reservation may bewithdrawn at any time and the consent of a State which has acceptedthe reservation is not required for its withdrawal.

2. Unless the treaty otherwise provides, an objection to a reservationmay be withdrawn at any time.

3. Unless the treaty otherwise provides, or it is otherwise agreed:a) the withdrawal of a reservation becomes operative in relation toanother contracting State only when notice of it has been received bythat State;b) the withdrawal of an objection to a reservation becomes operative

only when notice of it has been received by the State which formulatedthe reservation.

Article 23 Procedure regarding reservations1. A reservation, an express acceptance of a reservation and an

objection to a reservation must be formulated in writing andcommunicated to the contracting State and other states entitled tobecome parties to the treaty.

2. If formulated when signing the treaty subject to ratification,acceptance or approval, a reservation must be formally confirmed bythe reserving State when expressing its consent to be bound by thetreaty. In such a case the reservation shall be considered as having beenmade on the date of its confirmation.

3. An express acceptance of, or an objection to, a reservation madepreviously to confirmation of the reservation does not itself requireconfirmation.

4. The withdrawal of a reservation or of an objection to a reservationmust be formulated in writing.

Section 3 Entry into Force and Provisional ApplicationArticle 24 Entry into force

1. A treaty enters into force in such a manner and upon such date asit may provide or as the negotiating States may agree.

2. Failing any such provision or agreement, a treaty enters into forceas soon as consent to be bound by the treaty has been established for allthe negotiating States.

3. When the consent of a State to be bound by a treaty is establishedon a date after the treaty has come into force, the treaty enters intoforce for that state on that date, unless the treaty otherwise provides.

4. The provision of a treaty regulating the authentication of its text,the establishment of the consent of States to be bound by the treaty, themanner or date of its entry into force, reservations, the functions of thedepositary and other matters arising necessarily before the entry intoforce of the treaty apply from the time of the adoption of its text.

PART III OBSERVANCE, APPLICATION AND INTERPRETATION OF TREATIES

Section 1 Observance of TreatiesArticle 26 Pacta sunt servanda

Every treaty in force is binding upon the parties to it and must beperformed by them in good faith.

Section 2 Application of TreatiesArticle 27 Internal law and observance of treaties

A party may not invoke the provisions of its internal law asjustification for its failure to perform a treaty. This rule is withoutprejudice to article 46.

Article 28 Non-retroactivity of treatiesUnless a different intention appears from the treaty or is otherwise

established, its provisions do not bind a party in relation to any act orfact which took place or any situation which ceased to exist before thedate of entry into force of the treaty with respect to that party.

Article 29 Territorial scope of treatiesUnless a different intention appears for the treaty or is otherwise

established, a treaty is binding upon each party in respect of its entireterritory.

Article 30 Application of successive treaties relating to thesame subject-matter

1. Subject to Article 103 of the Charter of the United Nations, therights and obligations of States parties to successive treaties relating tothe same subject-matter shall be determined in accordance with thefollowing paragraphs.

2. When a treaty specifies that it is subject to, or that is not to beconsidered as incompatible with, an earlier or later treaty, the provisionsof that other treaty prevail.

3. When all the parties to the earlier treaty are parties also to thelater treaty but the earlier treaty is not terminated or suspended inoperation under article 59, the earlier treaty applies only to the extentthat its provisions are compatible with those of the later treaty.


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4. When the parties to the later treaty do not include all the parties tothe earlier one:a) as between States parties to both treaties the same rule applies as inparagraph 3;b) as between a State party to both treaties and a State party to only oneof the treaties, the treaty to which both States are parties governs theirmutual rights and obligations.

5. Paragraph 4 is without prejudice to article 41, or to any questionof the termination or suspension of the operation of a treaty under article60 or to any question of responsibility which may arise for a State fromthe conclusion or application of a treaty, the provisions of which areincompatible with its obligations towards another State under anothertreaty.

6. The preceding paragraphs are without prejudice to the fact that,in the event of a conflict between obligations under the Charter of theUnited Nations and obligations under a treaty, the obligations undertheCharter shall prevail.

Section 3 Interpretation of TreatiesArticle 31 General rule of interpretation

1. A treaty shall be interpreted in good faith in accordance with theordinary meaning to be given to the terms of the treaty in their contextand in the light of its object and purpose.

2. The context for the purpose of the interpretation of a treaty shallcomprise, in addition to the text, including its preamble and annexes:a) any agreement relating to the treaty which was made between all theparties in connexion with the conclusion of the treaty;b) any instrument which was made by one or more parties in connexionwith the conclusion of the treaty and accepted by the other parties as aninstrument related to the treaty;

3. There shall be taken into account, together with the context:a) any subsequent agreement between the parties regarding theinterpretation of the treaty or the application of its provisions;b) any subsequent practice in the application of the treaty whichestablished the agreement of the parties regarding the interpretation;c) any relevant rules of international law applicable in the relationsbetween the parties.

4. A special meaning shall be given to a term if it is established thatthe parties so intended.

Article 32 Supplementary means of interpretationRecourse may be had to supplementary means of interpretation,

including the preparatory work of the treaty and the circumstances ofitsconclusion, in order to confirm the meaning resulting from theapplication of article 31, or to determine the meaning when theinterpretation according to article 31:a) leaves the meaning ambiguous or obscure; orb) leads to a result which is manifestly absurd or unreasonable.

Article 33 Interpretation of treaties authenticated in two or morelanguages

1. When a treaty has been authenticated in two or more languages,the text is equally authoritative in each language, unless the treatyprovides or the parties agree that, in case of divergence, a particulartext shall prevail.

2. A version of the treaty in a language other than one of those inwhich the text was authenticated shall be considered an authentic textonly if the treaty so provides or the parties so agree.

3. The terms of a treaty are presumed to have the same meaning ineach authentic text.

4. Except where a particular text prevails in accordance withparagraph 1, when a comparison of the authentic texts discloses adifference of meaning which the application of articles 31 and 32 doesnot remove, the meaning which best reconciles the texts, having regardto the object and purpose of the treaty, shall be adopted.

Section 4 Treaties and Third StatesArticle 34 General rule regarding third states

A treaty does not create either obligations or rights for a third Statewithout its consent.

Article 38 Rules in a treaty becoming binding on third States orthird organizations through international custom

Nothing in articles 34 to 37 precludes a rule set forth in a treaty frombecoming binding upon a third State as a customary rule of internationallaw, recognized as such.

Article 39 General rule regarding the amendment of treaties1. A treaty may be amended by agreement between the parties. The

rules laid down in Part II apply to such an agreement except in so far asthe treaty may otherwise provide.

2. The consent of an international organization to an agreementprovided for in paragraph 1 shall be governed by the rules of thatorganization.

PART IV AMENDMENT AND MODIFICATION TREATIESArticle 40 Amendment of multilateral treaties

1. Unless the treaty otherwise provides, the amendment of multilateraltreaties shall be governed by the following paragraphs.

2. Any proposal to amend a multilateral treaty as between all theparties must be notified to all the contracting States, each one of whichshall have the right to take part in:a) the decision as to the action to be taken in regard of such proposal;b) the negotiation and conclusion of any agreement for the amendmentof the treaty.

3. Every State entitled to become a party to the treaty shall also beentitled to become a party to the treaty as amended.

4. The amending agreement does not bind any State already a partyto the treaty which does not become a party to the amending agreement;article 30, paragraph 4(b), applies in relation to such state.

5. Any state which becomes a party to the treaty after the entry intoforce of the mending agreement shall, failing an expression of a differentintention by that State:a) be considered as a party to the treaty as amended; andb) be considered as a party to the unamended treaty in reflation to anyparty to the treaty not bound by the amending agreement.

PART V INVALIDITY, TERMINATION AND SUSPENSIONOF THE OPERATION

Section 1 General ProvisionsArticle 42 Validity and continuance in force of treaties

1. The validity of a treaty or of the consent of a State to be bound bya treaty may be impeached only through the application of the presentConvention.

2. The termination of a treaty, its denunciation or the withdrawal ofa party may take place only as a result of the application of the provisionsof the treaty or of the present Convention. The same rule applies to thesuspension of the operation of a treaty.

Article 43 Obligations imposed by international law independently of a treaty

The invalidity, termination or denunciation of a treaty, the withdrawalof a party from it, or the suspension of its operation, as a result of theapplication of the present Convention or the provisions of the treaty,shall not in any way impair the duty of any State to fulfil any obligationembodied in the treaty to which it would be subject under internationallaw independently of the treaty.

Section 2 Invalidity of Treaties

Section 3 Termination and suspension of the operation of treaties

Section 4 Procedure

Section 5 Consequences of the invalidity termination orsuspension of the operation of a treaty

PART VI MISCELLANEOUS PROVISIONS

PART VII DEPOSITARIES, NOTIFICATIONS,CORRECTIONS AND REGISTRATION

PARTVIII FINAL PROVISIONS


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3 B.1 STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

-adopted by the San Francisco Conference on 26 June 1945 at San Francisco-forms an integral part of the UN Charter in accordance with article 92 of the Charter-excerpts of 70 articles

Article 1 [the Court]The International Court of Justice established by the Charter of the

United Nations as the principal judicial organ of the United Nationsshall be constituted and shall function in accordance with the provisionsof the present Statute

CHAPTER 1 ORGANIZATION OF THE COURTArticle 2 [composition]

The Court shall be composed of a body of independent judges, electedregardless of their nationality from among persons of high moralcharacter, who possess the qualifications required in their respectivecountries for appointment to the highest judicial offices, or arejurisconsults of recognized competence in international law.

Article 3 [members]1. The Court shall consist of fifteen members, no two of whom may

be nationals of the same state.2. A person who for the purposes of membership in the Court could

be regarded as a national of more than one state shall be deemed to bea national of the one in which he ordinarily exercises civil and politicalrights.

CHAPTER II COMPETENCE OF THE COURTArticle 34 [parties]

1. Only States may be parties in cases before the Court.2. The Court, subject to and in conformity with its Rules, may request

of public international organizations information relevant to cases beforeit, and shall receive such information presented by such organizationson their own initiative.

3. Whenever the construction of the constituent instrument of apublic international organization or of an international conventionadopted thereunder is in question in a case before the Court, the Registrarshall so notify the public international organization concerned and shallcommunicate to it copies of all the written proceedings.

Article 35 [access for non-party states and non UN-members]I. The Court shall be open to the States parties to the present Statute.2. The conditions under which the Court shall be open to other Statesshall, subject to the special provisions contained in treaties in force, belaid down by the Security Council, but in no case shall such conditionsplace the parties in a position of inequality before the Court.3. When a State which is not a Member of the United Nations is a partyto a case, the Court shall fix the amount which that party is to contributetowards the expenses of the Court. This provision shall not apply ifsuch State is bearing a share of the expenses of the Court.

Article 36 [jurisdiction]1. The jurisdiction of the Court comprises all cases which the parties

refer to it and all matters specially provided for in the Charter of theUnited Nations or in treaties and conventions in force.

2. The States parties to the present Statute may at any time declarethat they recognize as compulsory ipso facto and without specialagreement, in relation to any other State accepting the same obligations,the jurisdiction of the Court in all legal disputes concerning:

a. the interpretation of a treaty;b. any question of international law;c. the existence of any fact which, if established, would constitute a

breach of an international obligation;d. the nature or extent of the reparation to be made for the breach of

an international obligation.

3. The declarations referred to above may be made unconditionallyor on condition of reciprocity on the part of several or certain States, orfor a certain time.

4. Such declarations shall be deposited with the Secretary-Generalof the United Nations, who shall transmit copies thereof to the partiesto the Statute and to the Registrar of the Court.

5. Declarations made under Article 36 of the Statute of the PermanentCourt of International Justice and which are still in force shall bedeemed, as between the parties to the present Statute, to be acceptancesof the compulsory jurisdiction of the International Court of Justice forthe period which they still to run and in accordance with their terms.

6. In the event of a dispute as to whether the Court has jurisdiction,the matter shall be settled by the decision of the Court.

Article 37 [jurisdiction on treaties from before 1945]Whenever a treaty or convention in force provides for reference of a

matter to a tribunal to have been instituted by the League of Nations,or to the Permanent Court of International Justice, the matter shall, asbetween the parties to the present Statute, be referred to the InternationalCourt of Justice.

Article 38 [sources of international law]1. The Court, whose function is to decide in accordance with

international law such disputes as are submitted to it, shall apply:a. international conventions, whether general or particular,

establishing rules expressly recognized by the contesting States;b. international custom, as evidence of a general practice accepted

as law;c. the general principles of law recognized by civilized nations;d. subject to the provisions of Article 59, judicial decisions and the

teachings of the most qualified publicists of the various nations, assubsidiary means for the determination of rules of law.

2. This provision shall not prejudice the power of the Court to decidea case ex aequo et bono, if the parties agree thereto.

CHAPTER III PROCEDUREArticle 39 - 58Article 59 [binding force]

The decision of the Court has no binding force except between theparties and in respect of that particular case.

CHAPTER IV ADVISORY OPINIONSArticle 65 [advisory opinions]

1. The Court may give an advisory opinion on any legal question atthe request of whatever body may be authorized by or in accordancewith the Charter of the United Nations to make such a request.

2. Questions upon which the advisory opinion of the Court is askedshall be laid before the Court by means of a written request containingan exact statement of the question upon which an opinion is required,and accompanied by all documents likely to throw light upon thequestion.

Article 68 [procedure]In the exercise of its advisory functions, the Court shall further be

guided by the provisions of the present Statute which apply incontentious cases to the extent to which it recognizes them to beapplicable.

CHAPTER V AMENDMENTArticle 69 - 70[ . . . ]

3 B.1 STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

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Having been established by the Security Council acting underChapter VII of the Charter of the United Nations, the InternationalTribunal for the Prosecution of Persons Responsible for SeriousViolations of International Humanitarian Law Committed in theTerritory of the Former Yugoslavia since 1991 (hereinafter referred toas “the International Tribunal”) shall function in accordance with theprovisions of the present Statute.

Article 1 Competence of the International TribunalThe International Tribunal shall have the power to prosecute persons

responsible for serious violations of international humanitarian lawcommitted in the territory of the former Yugoslavia since 1991 inaccordance with the provisions of the present Statute.

Article 2 Grave breaches of the Geneva Conventions of 1949The International Tribunal shall have the power to prosecute persons

committing or ordering to be committed grave breaches of the GenevaConventions of 12 August 1949, namely the following acts againstpersons or property protected under the provisions of the relevantGeneva Convention:a) wilful killing;b) torture or inhuman treatment, including biological experiments;c) wilfully causing great suffering or serious injury to body or health;d) extensive destruction and appropriation of property, not justified bymilitary necessity and carried out unlawfully and wantonly;e) compelling a prisoner of war or a civilian to serve in the forces of ahostile power;f) wilfully depriving a prisoner of war or a civilian of the rights of fairand regular trial;g) unlawful deportation or transfer or unlawful confinement of a civilian;h) taking civilians as hostages.

Article 3 Violations of the laws or customs of warThe International Tribunal shall have the power to prosecute persons

violating the laws or customs of war. Such violations shall include, butnot be limited to:a) employment of poisonous weapons or other weapons calculated tocause unnecessary suffering;b) wanton destruction of cities, towns or villages, or devastation notjustified by military necessity;c) attack, or bombardment, by whatever means, of undefended towns,villages, dwellings, or buildings;d) seizure of, destruction or wilful damage done to institutions dedicatedto religion, charity and education, the arts and sciences, historicmonuments and works of art and science;e) plunder of public or private property.

Article 4 Genocide1. The International Tribunal shall have the power to prosecute

persons committing genocide asdefined in paragraph 2 of this article or of committing any of the otheracts enumerated in paragraph 3 of this article.

2. Genocide means any of the following acts committed with intentto destroy, in whole or in part, a national, ethnical, racial or religiousgroup, as such:a) killing members of the group;b) causing serious bodily or mental harm to members of the group;c) deliberately inflicting on the group conditions of life calculated tobring about its physical destruction in whole or in part;d) imposing measures intended to prevent births within the group;e) forcibly transferring children of the group to another group.

3. The following acts shall be punishable:a) genocide;b) conspiracy to commit genocide;

3 B.2 STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

-adopted by the UN Security Council on 25 may 1993 by Resolution 827 at New York; lastly amended on 19 May 2003 by resolution 1481

c) direct and public incitement to commit genocide;d) attempt to commit genocide;e) complicity in genocide.

Article 5 Crimes against humanityThe International Tribunal shall have the power to prosecute persons

responsible for the following crimes when committed in armed conflict,whether international or internal in character, and directed against anycivilian population:a) murder;b) extermination;c) enslavement;d) deportation;e) imprisonment;f) torture;g) rape;h) persecutions on political, racial and religious grounds;i) other inhumane acts.

Article 6 Personal jurisdictionThe International Tribunal shall have jurisdiction over natural persons

pursuant to the provisions of the present Statute.

Article 7 Individual criminal responsibility1. A person who planned, instigated, ordered, committed or otherwise

aided and abetted in the planning, preparation or execution of a crimereferred to in articles 2 to 5 of the present Statute, shall be individuallyresponsible for the crime.

2. The official position of any accused person, whether as Head ofState or Government or as a responsible Government official, shall notrelieve such person of criminal responsibility nor mitigate punishment.

3. The fact that any of the acts referred to in articles 2 to 5 of thepresent Statute was committed by a subordinate does not relieve hissuperior of criminal responsibility if he knew or had reason to knowthat the subordinate was about to commit such acts or had done so andthe superior failed to take the necessary and reasonable measures toprevent such acts or to punish the perpetrators thereof.

4. The fact that an accused person acted pursuant to an order of aGovernment or of a superior shall not relieve him of criminalresponsibility, but may be considered in mitigation of punishment ifthe International Tribunal determines that justice so requires.

Article 8 Territorial and temporal jurisdictionThe territorial jurisdiction of the International Tribunal shall extend

to the territory of the former Socialist Federal Republic of Yugoslavia,including its land surface, airspace and territorial waters. The temporaljurisdiction of the International Tribunal shall extend to a periodbeginning on 1 January 1991.

Article 9 Concurrent jurisdiction1. The International Tribunal and national courts shall have

concurrent jurisdiction to prosecute persons for serious violations ofinternational humanitarian law committed in the territory of the formerYugoslavia since 1 January 1991.

2. The International Tribunal shall have primacy over national courts.At any stage of the procedure, the International Tribunal may formallyrequest national courts to defer to the competence of the InternationalTribunal in accordance with the present Statute and the Rules ofProcedure and Evidence of the International Tribunal.

Article 10 Non-bis-in-idem1. No person shall be tried before a national court for acts constituting

serious violations of international humanitarian law under the presentStatute, for which he or she has already been tried by the InternationalTribunal.


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2. A person who has been tried by a national court for acts constitutingserious violations of international humanitarian law may besubsequently tried by the International Tribunal only if:a) the act for which he or she was tried was characterized as an ordinarycrime; orb) the national court proceedings were not impartial or independent,were designed to shield the accused from international criminalresponsibility, or the case was not diligently prosecuted.

3. In considering the penalty to be imposed on a person convicted ofa crime under the present Statute, the International Tribunal shall takeinto account the extent to which any penalty imposed by a nationalcourt on the same person for the same act has already been served.

Article 11 Organization of the International TribunalThe International Tribunal shall consist of the following organs:

a) the Chambers, comprising three Trial Chambers and an AppealsChamber;b) the Prosecutor; andc) a Registry, servicing both the Chambers and the Prosecutor.

Article 12 Composition of the Chambers1. The Chambers shall be composed of sixteen permanent

independent judges, no two of whom may be nationals of the sameState, and a maximum at any one time of nine ad litem independentjudges appointed in accordance with article 13 ter, paragraph 2, of theStatute, no two of whom may be nationals of the same State.

2. Three permanent judges and a maximum at any one time of six adlitem judges shall be members of each Trial Chamber. Each TrialChamber to which ad litem judges are assigned may be divided intosections of three judges each, composed of both permanent and ad litemjudges. A section of a Trial Chamber shall have the same powers andresponsibilities as a Trial Chamber under the Statute and shall renderjudgement in accordance with the same rules.

3. Seven of the permanent judges shall be members of the AppealsChamber. The Appeals Chamber shall, for each appeal, be composedof five of its members.

4. A person who for the purposes of membership of the Chambers ofthe International Tribunal could be regarded as a national of more thanone State shall be deemed to be a national of the State in which thatperson ordinarily exercises civil and political rights.

Article 13 Qualifications of judgesThe permanent and ad litem judges shall be persons of high moral

character, impartiality and integrity who possess the qualificationsrequired in their respective countries for appointment to the highestjudicial offices. In the overall composition of the Chambers and sectionsof the Trial Chambers, due account shall be taken of the experience ofthe judges in criminal law, international law, including internationalhumanitarian law and human rights law.

Article 13 bis Election of permanent judges1. Fourteen of the permanent judges of the International Tribunal

shall be elected by the General Assembly from a list submitted by theSecurity Council, in the following manner:a) The Secretary-General shall invite nominations for judges of theInternational Tribunal from States Members of the United Nations andnon-member States maintaining permanent observer missions at UnitedNations Headquarters;b) Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to two candidates meeting thequalifications set out in article 13 of the Statute, no two of whom shallbe of the same nationality and neither of whom shall be of the samenationality as any judge who is a member of the Appeals Chamber andwho was elected or appointed a permanent judge of the InternationalCriminal Tribunal for the Prosecution of Persons Responsible forGenocide and Other Serious Violations of International HumanitarianLaw Committed in the Territory of Rwanda and Rwandan CitizensResponsible for Genocide and Other Such Violations Committed inthe Territory of Neighbouring States, between 1 January 1994 and 31December 1994 (hereinafter referred to as “The International Tribunalfor Rwanda”) in accordance with article 12 bis of the Statute of thatTribunal;

c) The Secretary-General shall forward the nominations received tothe Security Council. From the nominations received the SecurityCouncil shall establish a list of not less than twenty-eight and not morethan forty-two candidates, taking due account of the adequaterepresentation of the principal legal systems of the world;d) The President of the Security Council shall transmit the list ofcandidates to the President of the General Assembly. From that list theGeneral Assembly shall elect fourteen permanent judges of theInternational Tribunal. The candidates who receive an absolute majorityof the votes of the States Members of the United Nations and of thenon-member States maintaining permanent observer missions at UnitedNations Headquarters, shall be declared elected. Should two candidatesof the same nationality obtain the required majority vote, the one whoreceived the higher number of votes shall be considered elected.

2. In the event of a vacancy in the Chambers amongst the permanentjudges elected or appointed in accordance with this article, afterconsultation with the Presidents of the Security Council and of theGeneral Assembly, the Secretary-General shall appoint a person meetingthe qualifications of article 13 of the Statute, for the remainder of theterm of office concerned.

3. The permanent judges elected in accordance with this article shallbe elected for a term of four years. The terms and conditions of serviceshall be those of the judges of the International Court of Justice. Theyshall be eligible for re-election.

Article 13 ter Election and appointment of ad litem judges1. The ad litem judges of the International Tribunal shall be elected

by the General Assembly from a list submitted by the Security Council,in the following manner:a) The Secretary-General shall invite nominations for ad litem judgesof the International Tribunal from States Members of the United Nationsand non-member States maintaining permanent observer missions atUnited Nations Headquarters.b) Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to four candidates meeting thequalifications set out in article 13 of the Statute, taking into accountthe importance of a fair representation of female and male candidates.c) The Secretary-General shall forward the nominations received tothe Security Council. From the nominations received the SecurityCouncil shall establish a list of not less than fifty-four candidates, takingdue account of the adequate representation of the principal legal systemsof the world and bearing in mind the importance of equitablegeographical distribution.d) The President of the Security Council shall transmit the list ofcandidates to the President of the General Assembly. From that list theGeneral Assembly shall elect the twenty-seven ad litem judges of theInternational Tribunal. The candidates who receive an absolute majorityof the votes of the States Members of the United Nations and of thenon-member States maintaining permanent observer missions at UnitedNations Headquarters shall be declared elected.e) The ad litem judges shall be elected for a term of four years. Theyshall not be eligible for re-election.

2. During their term, ad litem judges will be appointed by theSecretary-General, upon request of the President of the InternationalTribunal, to serve in the Trial Chambers for one or more trials, for acumulative period of up to, but not including, three years. Whenrequesting the appointment of any particular ad litem judge, thePresident of the International Tribunal shall bear in mind the criteriaset out in article 13 of the Statute regarding the composition of theChambers and sections of the Trial Chambers, the considerations setout in paragraphs 1 (b) and (c) above and the number of votes the adlitem judge received in the General Assembly.

Article 13 quater Status of ad litem judges1. During the period in which they are appointed to serve in the

International Tribunal, ad litem judges shall:a) Benefit from the same terms and conditions of service mutatismutandis as the permanent judges of the International Tribunal;b) Enjoy, subject to paragraph 2 below, the same powers as thepermanent judges of the International Tribunal;c) Enjoy the privileges and immunities, exemptions and facilities of ajudge of the International Tribunal;


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d) Enjoy the power to adjudicate in pre-trial proceedings in cases otherthan those that they have been appointed to try.

2. During the period in which they are appointed to serve in theInternational Tribunal, ad litem judges shall not:a) Be eligible for election as, or to vote in the election of, the Presidentof the Tribunal or the Presiding Judge of a Trial Chamber pursuant toarticle 14 of the Statute;b) Have power:

i) To adopt rules of procedure and evidence pursuant to article 15 ofthe Statute. They shall, however, be consulted before the adoptionof those rules;ii) To review an indictment pursuant to article 19 of the Statute;iii) To consult with the President in relation to the assignment ofjudges pursuant to article 14 of the Statute or in relation to a pardonor commutation of sentence pursuant to article 28 of the Statute.

Article 14 Officers and members of the Chambers1. The permanent judges of the International Tribunal shall elect a

President from amongst their number.2. The President of the International Tribunal shall be a member of

the Appeals Chamber and shall preside over its proceedings.3. After consultation with the permanent judges of the International

Tribunal, the President shall assign four of the permanent judges electedor appointed in accordance with Article 13 bis of the Statute to theAppeals Chamber and nine to the Trial Chambers.

4. Two of the permanent judges of the International Tribunal forRwanda elected or appointed in accordance with article 12 bis of theStatute of that Tribunal shall be assigned by the President of thatTribunal, in consultation with the President of the International Tribunal,to be members of the Appeals Chamber and permanent judges of theInternational Tribunal.

5. After consultation with the permanent judges of the InternationalTribunal, the President shall assign such ad litem judges as may fromtime to time be appointed to serve in the International Tribunal to theTrial Chambers.

6. A judge shall serve only in the Chamber to which he or she wasassigned.

7. The permanent judges of each Trial Chamber shall elect a PresidingJudge from amongst their number, who shall oversee the work of theTrial Chamber as a whole.

Article 15 Rules of procedure and evidenceThe judges of the International Tribunal shall adopt rules of procedure

and evidence for the conduct of the pre-trial phase of the proceedings,trials and appeals, the admission of evidence, the protection of victimsand witnesses and other appropriate matters.

Article 16 The Prosecutor1. The Prosecutor shall be responsible for the investigation and

prosecution of persons responsible for serious violations of internationalhumanitarian law committed in the territory of the former Yugoslaviasince 1 January 1991.

2. The Prosecutor shall act independently as a separate organ of theInternational Tribunal. He or she shall not seek or receive instructionsfrom any Government or from any other source.

3. The Office of the Prosecutor shall be composed of a Prosecutorand such other qualified staff as may be required.

4. The Prosecutor shall be appointed by the Security Council onnomination by the Secretary-General. He or she shall be of high moralcharacter and possess the highest level of competence and experiencein the conduct of investigations and prosecutions of criminal cases.The Prosecutor shall serve for a four-year term and be eligible forreappointment. The terms and conditions of service of the Prosecutorshall be those of an Under-Secretary-General of the United Nations.

5. The staff of the Office of the Prosecutor shall be appointed by theSecretary-General on the recommendation of the Prosecutor.

Article 17 The Registry1. The Registry shall be responsible for the administration and

servicing of the International Tribunal.2. The Registry shall consist of a Registrar and such other staff as

may be required.3. The Registrar shall be appointed by the Secretary-General after

consultation with the President of the International Tribunal. He or sheshall serve for a four-year term and be eligible for reappointment. Theterms and conditions of service of the Registrar shall be those of anAssistant Secretary-General of the United Nations.

4. The staff of the Registry shall be appointed by the Secretary-General on the recommendation of the Registrar.

Article 18 Investigation and preparation of indictment1. The Prosecutor shall initiate investigations ex-officio or on the

basis of information obtained from any source, particularly fromGovernments, United Nations organs, intergovernmental and non-governmental organisations. The Prosecutor shall assess the informationreceived or obtained and decide whether there is sufficient basis toproceed.

2. The Prosecutor shall have the power to question suspects, victimsand witnesses, to collect evidence and to conduct on-site investigations.In carrying out these tasks, the Prosecutor may, as appropriate, seekthe assistance of the State authorities concerned.

3. If questioned, the suspect shall be entitled to be assisted by counselof his own choice, including the right to have legal assistance assignedto him without payment by him in any such case if he does not havesufficient means to pay for it, as well as to necessary translation intoand from a language he speaks and understands.

4. Upon a determination that a prima facie case exists, the Prosecutorshall prepare an indictment containing a concise statement of the factsand the crime or crimes with which the accused is charged under theStatute. The indictment shall be transmitted to a judge of the TrialChamber.

Article 19 Review of the indictment1. The judge of the Trial Chamber to whom the indictment has been

transmitted shall review it. If satisfied that a prima facie case has beenestablished by the Prosecutor, he shall confirm the indictment. If notso satisfied, the indictment shall be dismissed.

2. Upon confirmation of an indictment, the judge may, at the requestof the Prosecutor, issue such orders and warrants for the arrest, detention,surrender or transfer of persons, and any other orders as may be requiredfor the conduct of the trial.

Article 20 Commencement and conduct of trial proceedings1. The Trial Chambers shall ensure that a trial is fair and expeditious

and that proceedings are conducted in accordance with the rules ofprocedure and evidence, with full respect for the rights of the accusedand due regard for the protection of victims and witnesses.

2. A person against whom an indictment has been confirmed shall,pursuant to an order or an arrest warrant of the International Tribunal,be taken into custody, immediately informed of the charges againsthim and transferred to the International Tribunal.

3. The Trial Chamber shall read the indictment, satisfy itself that therights of the accused are respected, confirm that the accused understandsthe indictment, and instruct the accused to enter a plea. The TrialChamber shall then set the date for trial.

4. The hearings shall be public unless the Trial Chamber decides toclose the proceedings in accordance with its rules of procedure andevidence.


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Article 21 Rights of the accused1. All persons shall be equal before the International Tribunal.2. In the determination of charges against him, the accused shall be

entitled to a fair and public hearing, subject to article 22 of the Statute.3. The accused shall be presumed innocent until proved guilty

according to the provisions of the present Statute.4. In the determination of any charge against the accused pursuant

to the present Statute, the accused shall be entitled to the followingminimum guarantees, in full equality:a) to be informed promptly and in detail in a language which heunderstands of the nature and cause of the charge against him;b) to have adequate time and facilities for the preparation of his defenceand to communicate with counsel of his own choosing;c) to be tried without undue delay;d) to be tried in his presence, and to defend himself in person or throughlegal assistance of his own choosing; to be informed, if he does nothave legal assistance, of this right; and to have legal assistance assignedto him, in any case where the interests of justice so require, and withoutpayment by him in any such case if he does not have sufficient meansto pay for it;e) to examine, or have examined, the witnesses against him and to obtainthe attendance and examination of witnesses on his behalf under thesame conditions as witnesses against him;f) to have the free assistance of an interpreter if he cannot understandor speak the language used in the International Tribunal;g) not to be compelled to testify against himself or to confess guilt.

Article 22 Protection of victims and witnessesThe International Tribunal shall provide in its rules of procedure

and evidence for the protection of victims and witnesses. Such protectionmeasures shall include, but shall not be limited to, the conduct of incamera proceedings and the protection of the victim’s identity.

Article 23 Judgement1. The Trial Chambers shall pronounce judgements and impose

sentences and penalties on persons convicted of serious violations ofinternational humanitarian law.

2. The judgement shall be rendered by a majority of the judges ofthe Trial Chamber, and shall be delivered by the Trial Chamber in public.It shall be accompanied by a reasoned opinion in writing, to whichseparate or dissenting opinions may be appended.

Article 24 Penalties1. The penalty imposed by the Trial Chamber shall be limited to

imprisonment. In determining the terms of imprisonment, the TrialChambers shall have recourse to the general practice regarding prisonsentences in the courts of the former Yugoslavia.

2. In imposing the sentences, the Trial Chambers should take intoaccount such factors as the gravity of the offence and the individualcircumstances of the convicted person.

3. In addition to imprisonment, the Trial Chambers may order thereturn of any property and proceeds acquired by criminal conduct,including by means of duress, to their rightful owners.

Article 25 Appellate proceedings1. The Appeals Chamber shall hear appeals from persons convicted

by the Trial Chambers or from the Prosecutor on the following grounds:a) an error on a question of law invalidating the decision; orb) an error of fact which has occasioned a miscarriage of justice.

2. The Appeals Chamber may affirm, reverse or revise the decisionstaken by the Trial Chambers.

Article 26 Review proceedingsWhere a new fact has been discovered which was not known at the

time of the proceedings before the Trial Chambers or the AppealsChamber and which could have been a decisive factor in reaching thedecision, the convicted person or the Prosecutor may submit to theInternational Tribunal an application for review of the judgement.

Article 27 Enforcement of sentencesImprisonment shall be served in a State designated by the

International Tribunal from a list of States which have indicated to theSecurity Council their willingness to accept convicted persons. Suchimprisonment shall be in accordance with the applicable law of theState concerned, subject to the supervision of the International Tribunal.

Article 28 Pardon or commutation of sentencesIf, pursuant to the applicable law of the State in which the convicted

person is imprisoned, he or she is eligible for pardon or commutationof sentence, the State concerned shall notify the International Tribunalaccordingly. The President of the International Tribunal, in consultationwith the judges, shall decide the matter on the basis of the interests ofjustice and the general principles of law.

Article 29 Co-operation and judicial assistance1. States shall co-operate with the International Tribunal in the

investigation and prosecution of persons accused of committing seriousviolations of international humanitarian law.

2. States shall comply without undue delay with any request forassistance or an order issued by a Trial Chamber, including, but notlimited to:a) the identification and location of persons;b) the taking of testimony and the production of evidence;c) the service of documents;d) the arrest or detention of persons;e) the surrender or the transfer of the accused to the InternationalTribunal.

Article 30 The status, privileges and immunities of theInternational Tribunal

1. The Convention on the Privileges and Immunities of the UnitedNations of 13 February 1946 shall apply to the International Tribunal,the judges, the Prosecutor and his staff, and the Registrar and his staff.

2. The judges, the Prosecutor and the Registrar shall enjoy theprivileges and immunities, exemptions and facilities accorded todiplomatic envoys, in accordance with international law.

3. The staff of the Prosecutor and of the Registrar shall enjoy theprivileges and immunities accorded to officials of the United Nationsunder articles V and VII of the Convention referred to in paragraph 1of this article.

4. Other persons, including the accused, required at the seat of theInternational Tribunal shall be accorded such treatment as is necessaryfor the proper functioning of the International Tribunal.

Article 31 Seat of the International TribunalThe International Tribunal shall have its seat at The Hague.

Article 32 Expenses of the International TribunalThe expenses of the International Tribunal shall be borne by the

regular budget of the United Nations in accordance with Article 17 ofthe Charter of the United Nations.

Article 33 Working languagesThe working languages of the International Tribunal shall be English

and French.

Article 34 Annual reportThe President of the International Tribunal shall submit an annual

report of the International Tribunal to the Security Council and to theGeneral Assembly.


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3 B.3 STATUTE OF THE INTERNATIONAL TRIBUNAL FOR RWANDA

-adopted and amended by the United Nations Security Council on 8 November 1994, acting under Chapter VII of the Charter of the United Nations. Resolution 955/1994-excerpts of in total 32 Articles

As amended by the Security Council acting under Chapter VII ofthe Charter of the United Nations, the International Criminal Tribunalfor the Prosecution of Persons Responsible for Genocide and OtherSerious Violations of International Humanitarian Law Committed inthe Territory of Rwanda and Rwandan Citizens responsible for genocideand other such violations committed in the territory of neighbouringStates, between 1 January 1994 and 31 December 1994 (hereinafterreferred to as “The International Tribunal for Rwanda”) shall functionin accordance with the provisions of the present Statute.

Article 1 Competence of the International Tribunal for RwandaThe International Tribunal for Rwanda shall have the power to

prosecute persons responsible for serious violations of internationalhumanitarian law committed in the territory of Rwanda and Rwandancitizens responsible for such violations committed in the territory ofneighbouring States between 1 January 1994 and 31 December 1994,in accordance with the provisions of the present Statute.

Article 2 Genocide1. The International Tribunal for Rwanda shall have the power to

prosecute persons committing genocide as defined in paragraph 2 ofthis Article or of committing any of the other acts enumerated inparagraph 3 of this Article.

2. Genocide means any of the following acts committed withintent to destroy, in whole or in part, a national, ethnical, racial orreligious group, as such:a) Killing members of the group;b) Causing serious bodily or mental harm to members of the group;c) Deliberately inflicting on the group conditions of life calculated tobring about its physical destruction in whole or in part;d) Imposing measures intended to prevent births within the group;e) Forcibly transferring children of the group to another group.

3. The following acts shall be punishable:a) Genocide;b) Conspiracy to commit genocide;c) Direct and public incitement to commit genocide;d) Attempt to commit genocide;e) Complicity in genocide.

Article 3 Crimes against HumanityThe International Tribunal for Rwanda shall have the power to

prosecute persons responsible for the following crimes when committedas part of a widespread or systematic attack against any civilianpopulation on national, political, ethnic, racial or religious grounds:a) Murder;b) Extermination;c) Enslavement;d) Deportation;e) Imprisonment;f) Torture;g) Rape;h) Persecutions on political, racial and religious grounds;i) Other inhumane acts.

Article 4 Violations of Article 3 Common to the GenevaConventions and of Additional Protocol II

The International Tribunal for Rwanda shall have the power toprosecute persons committing or ordering to be committed seriousviolations of Article 3 common to the Geneva Conventions of 12 August1949 for the Protection of War Victims, and of Additional Protocol IIthereto of 8 June 1977. These violations shall include, but shall not belimited to:a) Violence to life, health and physical or mental well-being of persons,in particular murder as well as cruel treatment such as torture, mutilationor any form of corporal punishment;

b) Collective punishments;c) Taking of hostages;d) Acts of terrorism;e) Outrages upon personal dignity, in particular humiliating anddegrading treatment, rape, enforced prostitution and any form ofindecent assault;f) Pillage;g) The passing of sentences and the carrying out of executions withoutprevious judgement pronounced by a regularly constituted court,affording all the judicial guarantees which are recognized asindispensable by civilised peoples;h) Threats to commit any of the foregoing acts.

Article 5 Personal JurisdictionThe International Tribunal for Rwanda shall have jurisdiction overnatural persons pursuant to the provisions of the present Statute.

Article 6 Individual Criminal Responsibility1. A person who planned, instigated, ordered, committed or

otherwise aided and abetted in the planning, preparation or executionof a crime referred to in Articles 2 to 4 of the present Statute, shall beindividually responsible for the crime.

2. The official position of any accused person, whether as Head ofstate or government or as a responsible government official, shall notrelieve such person of criminal responsibility nor mitigate punishment.

3. The fact that any of the acts referred to in Articles 2 to 4 of thepresent Statute was committed by a subordinate does not relieve his orher superior of criminal responsibility if he or she knew or had reasonto know that the subordinate was about to commit such acts or haddone so and the superior failed to take the necessary and reasonablemeasures to prevent such acts or to punish the perpetrators thereof.

4. The fact that an accused person acted pursuant to an order of agovernment or of a superior shall not relieve him or her of criminalresponsibility, but may be considered in mitigation of punishment ifthe International Tribunal for Rwanda determines that justice sorequires.

Article 7 Territorial and Temporal JurisdictionThe territorial jurisdiction of the International Tribunal for Rwanda

shall extend to the territory of Rwanda including its land surface andairspace as well as to the territory of neighbouring States in respect ofserious violations of international humanitarian law committed byRwandan citizens. The temporal jurisdiction of the InternationalTribunal for Rwanda shall extend to a period beginning on 1 January1994 and ending on 31 December 1994.

Article 26 Enforcement of SentencesImprisonment shall be served in Rwanda or any of the States on a

list of States which have indicated to the Security Council theirwillingness to accept convicted persons, as designated by theInternational Tribunal for Rwanda. Such imprisonment shall be inaccordance with the applicable law of the State concerned, subject tothe supervision of the International Tribunal for Rwanda.

Article 27 Pardon or Commutation of SentencesIf, pursuant to the applicable law of the State in which the convicted

person is imprisoned, he or she is eligible for pardon or commutationof sentence, the State concerned shall notify the International Tribunalfor Rwanda accordingly. There shall only be pardon or commutationof sentence if the President of the International Tribunal for Rwanda,in consultation with the judges, so decides on the basis of the interestsof justice and the general principles of law.

3 B.3 STATUTE OF THE INTERNATIONAL TRIBUNAL FOR RWANDA

229

PREAMBLEThe States Parties to this Statute,Conscious that all peoples are united by common bonds, their cultures

pieced together in a shared heritage, and concerned that this delicatemosaic may be shattered at any time,

Mindful that during this century millions of children, women andmen have been victims of unimaginable atrocities that deeply shockthe conscience of humanity,

Recognizing that such grave crimes threaten the peace, security andwell-being of the world,

Affirming that the most serious crimes of concern to the internationalcommunity as a whole must not go unpunished and that their effectiveprosecution must be ensured by taking measures at the national leveland by enhancing international cooperation,

Determined to put an end to impunity for the perpetrators of thesecrimes and thus to contribute to the prevention of such crimes,

Recalling that it is the duty of every State to exercise its criminaljurisdiction over those responsible for international crimes,Reaffirming the Purposes and Principles of the Charter of the UnitedNations, and in particular that all States shall refrain from the threat oruse of force against the territorial integrity or political independence ofany State, or in any other manner inconsistent with the Purposes of theUnited Nations,

Emphasizing in this connection that nothing in this Statute shall betaken as authorizing any State Party to intervene in an armed conflictor in the internal affairs of any State,

Determined to these ends and for the sake of present and futuregenerations, to establish an independent permanent InternationalCriminal Court in relationship with the United Nations system, withjurisdiction over the most serious crimes of concern to the internationalcommunity as a whole,

Emphasizing that the International Criminal Court established underthis Statute shall be complementary to national criminal jurisdictions,Resolved to guarantee lasting respect for and the enforcement ofinternational justice,

Have agreed as follows

PART 1. ESTABLISHMENT OF THE COURTArticle 1 The Court

An International Criminal Court (“the Court”) is hereby established.It shall be a permanent institution and shall have the power to exerciseits jurisdiction over persons for the most serious crimes of internationalconcern, as referred to in this Statute, and shall be complementary tonational criminal jurisdictions. The jurisdiction and functioning of theCourt shall be governed by the provisions of this Statute.

Article 2 Relationship of the Court with the United NationsThe Court shall be brought into relationship with the United Nations

through an agreement to be approved by the Assembly of States Partiesto this Statute and thereafter concluded by the President of the Courton its behalf.

Article 3 Seat of the Court1. The seat of the Court shall be established at The Hague in the

Netherlands (“the host State”).2. The Court shall enter into a headquarters agreement with the host

State, to be approved by the Assembly of States Parties and thereafterconcluded by the President of the Court on its behalf.

3. The Court may sit elsewhere, whenever it considers itdesirable, as provided in this Statute.

3 B.4 ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

-adopted in Rome on 17 July 1998 and opened for signature and ratification-entered into force on 1 July 2002-ratifications: 94 as per 15 July 2004-excerpts

PART 2. JURISDICTION, ADMISSIBILITY ANDAPPLICABLE LAW

Article 5 Crimes within the jurisdiction of the Court1. The jurisdiction of the Court shall be limited to the most serious

crimes of concern to the international community as a whole. The Courthas jurisdiction in accordance with this Statute with respect to thefollowing crimes:a) The crime of genocide;b) Crimes against humanity;c) War crimes;d) The crime of aggression.

2. The Court shall exercise jurisdiction over the crime of aggressiononce a provision is adopted in accordance with articles 121 and 123defining the crime and setting out the conditions under which the Courtshall exercise jurisdiction with respect to this crime. Such a provisionshall be consistent with the relevant provisions of the Charter of theUnited Nations.

Article 6 GenocideFor the purpose of this Statute, “genocide” means any of the

following acts committed with intent to destroy, in whole or in part, anational, ethnical, racial or religious group, as such:a) Killing members of the group;b) Causing serious bodily or mental harm to members of the group;c) Deliberately inflicting on the group conditions of life calculated tobring about its physical destruction in whole or in part;d) Imposing measures intended to prevent births within the group;e) Forcibly transferring children of the group to another group.

Article 7 Crimes against humanity1. For the purpose of this Statute, “crime against humanity” means

any of the following acts when committed as part of a widespread orsystematic attack directed against any civilian population, withknowledge of the attack:a) Murder;b) Extermination;c) Enslavement;d) Deportation or forcible transfer of population;e) Imprisonment or other severe deprivation of physical liberty inviolation of fundamental rules of international law;f) Torture;g) Rape, sexual slavery, enforced prostitution, forced pregnancy,enforced sterilization, or any other form of sexual violence ofcomparable gravity;h) Persecution against any identifiable group or collectivity on political,racial, national, ethnic, cultural, religious, gender as defined in paragraph3, or other grounds that are universally recognized as impermissibleunder international law, in connection with any act referred to in thisparagraph or any crime within the jurisdiction of the Court;i) Enforced disappearance of persons;j) The crime of apartheid;k) Other inhumane acts of a similar character intentionally causing greatsuffering, or serious injury to body or to mental or physical health.

2. For the purpose of paragraph 1:a) “Attack directed against any civilian population” means a course ofconduct involving the multiple commission of acts referred to inparagraph 1 against any civilian population, pursuant to or in furtheranceof a State or organizational policy to commit such attack;b) “Extermination” includes the intentional infliction of conditions oflife, inter alia the deprivation of access to food and medicine, calculatedto bring about the destruction of part of a population;c) “Enslavement” means the exercise of any or all of the powersattaching to the right of ownership over a person and includes the


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exercise of such power in the course of trafficking in persons, inparticular women and children;d) “Deportation or forcible transfer of population” means forceddisplacement of the persons concerned by expulsion or other coerciveacts from the area in which they are lawfully present, without groundspermitted under international law;e) “Torture” means the intentional infliction of severe pain or suffering,whether physical or mental, upon a person in the custody or under thecontrol of the accused; except that torture shall not include pain orsuffering arising only from, inherent in or incidental to, lawful sanctions;f) “Forced pregnancy” means the unlawful confinement of a womanforcibly made pregnant, with the intent of affecting the ethniccomposition of any population or carrying out other grave violationsof international law. This definition shall not in any way be interpretedas affecting national laws relating to pregnancy;g) “Persecution” means the intentional and severe deprivation offundamental rights contrary to international law by reason of the identityof the group or collectivity;h) “The crime of apartheid” means inhumane acts of a character similarto those referred to in paragraph 1, committed in the context of aninstitutionalized regime of systematic oppression and domination byone racial group over any other racial group or groups and committedwith the intention of maintaining that regime;i) “Enforced disappearance of persons” means the arrest, detention orabduction of persons by, or with the authorization, support oracquiescence of, a State or a political organization, followed by a refusalto acknowledge that deprivation of freedom or to give information onthe fate or whereabouts of those persons, with the intention of removingthem from the protection of the law for a prolonged period of time.

3. For the purpose of this Statute, it is understood that the term“gender” refers to the two sexes, male and female, within the contextof society. The term “gender” does not indicate any meaning differentfrom the above.

Article 8 War crimes1. The Court shall have jurisdiction in respect of war crimes in

particular when committed as part of a plan or policy or as part of alarge-scale commission of such crimes.

2. For the purpose of this Statute, “war crimes” means:a) Grave breaches of the Geneva Conventions of 12 August 1949,namely, any of the following acts against persons or property protectedunder the provisions of the relevant Geneva Convention:i) Wilful killing;ii)Torture or inhuman treatment, including biological experiments;iii) Wilfully causing great suffering, or serious injury to body or

health;iv) Extensive destruction and appropriation of property, not justified

by military necessity and carried out unlawfully and wantonly;v) Compelling a prisoner of war or other protected person to serve in

the forces of a hostile Power;vi) Wilfully depriving a prisoner of war or other protected person of

the rights of fair and regular trial;vii) Unlawful deportation or transfer or unlawful confinement;viii) Taking of hostages.b) Other serious violations of the laws and customs applicable ininternational armed conflict, within the established framework ofinternational law, namely, any of the following acts:i) Intentionally directing attacks against the civilian population as

such or against individual civilians not taking direct part inhostilities;

ii) Intentionally directing attacks against civilian objects, that is,objects which are not military objectives;

iii) Intentionally directing attacks against personnel, installations,material, units or vehicles involved in a humanitarian assistanceor peacekeeping mission in accordance with the Charter of theUnited Nations, as long as they are entitled to the protection givento civilians or civilian objects under the international law of armedconflict;

iv) Intentionally launching an attack in the knowledge that such attackwill cause incidental loss of life or injury to civilians or damageto civilian objects or widespread, long-term and severe damageto the natural environment which would be clearly excessive inrelation to the concrete and direct overall military advantageanticipated;

v) Attacking or bombarding, by whatever means, towns, villages,dwellings or buildings which are undefended and which are notmilitary objectives;

vi) Killing or wounding a combatant who, having laid down his armsor having no longer means of defence, has surrendered atdiscretion;

vii) Making improper use of a flag of truce, of the flag or of the militaryinsignia and uniform of the enemy or of the United Nations, aswell as of the distinctive emblems of the Geneva Conventions,resulting in death or serious personal injury;

viii) The transfer, directly or indirectly, by the Occupying Power ofparts of its own civilian population into the territory it occupies,or the deportation or transfer of all or parts of the population ofthe occupied territory within or outside this territory;

ix) Intentionally directing attacks against buildings dedicated toreligion, education, art, science or charitable purposes, historicmonuments, hospitals and places where the sick and woundedare collected, provided they are not military objectives;

x) Subjecting persons who are in the power of an adverse party tophysical mutilation or to medical or scientific experiments ofany kind which are neither justified by the medical, dental orhospital treatment of the person concerned nor carried out in hisor her interest, and which cause death to or seriously endangerthe health of such person or persons;

xi) Killing or wounding treacherously individuals belonging to thehostile nation or army;

xii) Declaring that no quarter will be given;xiii) Destroying or seizing the enemy’s property unless such

destruction or seizure be imperatively demanded by thenecessities of war;

xiv) Declaring abolished, suspended or inadmissible in a court of lawthe rights and actions of the nationals of the hostile party;

xv) Compelling the nationals of the hostile party to take part in theoperations of war directed against their own country, even if theywere in the belligerent’s service before the commencement ofthe war;

xvi) Pillaging a town or place, even when taken by assault;xvii) Employing poison or poisoned weapons;xviii)Employing asphyxiating, poisonous or other gases, and all

analogous liquids, materials or devices;xix) Employing bullets which expand or flatten easily in the human

body, such as bullets with a hard envelope which does not entirelycover the core or is pierced with incisions;

xx) Employing weapons, projectiles and material and methods ofwarfare which are of a nature to cause superfluous injury orunnecessary suffering or which are inherently indiscriminate inviolation of the international law of armed conflict, provided thatsuch weapons, projectiles and material and methods of warfareare the subject of a comprehensive prohibition and are includedin an annex to this Statute, by an amendment in accordance withthe relevant provisions set forth in articles 121 and 123;

xxi) Committing outrages upon personal dignity, in particularhumiliating and degrading treatment;

xxii) Committing rape, sexual slavery, enforced prostitution, forcedpregnancy, as defined in article 7, paragraph 2 (f), enforcedsterilization, or any other form of sexual violence also constitutinga grave breach of the Geneva Conventions;

xxiii)Utilizing the presence of a civilian or other protected person torender certain points, areas or military forces immune frommilitary operations;

xxiv)Intentionally directing attacks against buildings, material, medicalunits and transport, and personnel using the distinctive emblemsof the Geneva Conventions in conformity with international law;

xxv) Intentionally using starvation of civilians as a method of warfareby depriving them of objects indispensable to their survival,including wilfully impeding relief supplies as provided for underthe Geneva Conventions;

xxvi Conscripting or enlisting children under the age of fifteen yearsinto the national armed forces or using them to participate activelyin hostilities.

c) In the case of an armed conflict not of an international character,serious violations of article 3 common to the four Geneva Conventionsof 12 August 1949, namely, any of the following acts committed againstpersons taking no active part in the hostilities, including members of


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armed forces who have laid down their arms and those placed hors decombat by sickness, wounds, detention or any other cause:i) Violence to life and person, in particular murder of all kinds,

mutilation, cruel treatment and torture;ii) Committing outrages upon personal dignity, in particular

humiliating and degrading treatment;iii) Taking of hostages;iv) The passing of sentences and the carrying out of executions

without previous judgement pronounced by a regularly constitutedcourt, affording all judicial guarantees which are generallyrecognized as indispensable.

d) Paragraph 2 (c) applies to armed conflicts not of an internationalcharacter and thus does not apply to situations of internal disturbancesand tensions, such as riots, isolated and sporadic acts of violence orother acts of a similar nature.e) Other serious violations of the laws and customs applicable in armedconflicts not of an international character, within the establishedframework of international law, namely, any of the following acts:i) Intentionally directing attacks against the civilian population as

such or against individual civilians not taking direct part inhostilities;

ii) Intentionally directing attacks against buildings, material, medicalunits and transport, and personnel using the distinctive emblemsof the Geneva Conventions in conformity with international law;

iii) Intentionally directing attacks against personnel, installations,material, units or vehicles involved in a humanitarian assistanceor peacekeeping mission in accordance with the Charter of theUnited Nations, as long as they are entitled to the protection givento civilians or civilian objects under the international law of armedconflict;

iv) Intentionally directing attacks against buildings dedicated toreligion, education, art, science or charitable purposes, historicmonuments, hospitals and places where the sick and woundedare collected, provided they are not military objectives;

v) Pillaging a town or place, even when taken by assault;vi) Committing rape, sexual slavery, enforced prostitution, forced

pregnancy, as defined in article 7, paragraph 2 (f), enforcedsterilization, and any other form of sexual violence alsoconstituting a serious violation of article 3 common to the fourGeneva Conventions;

vii) Conscripting or enlisting children under the age of fifteen yearsinto armed forces or groups or using them to participate activelyin hostilities;

viii) Ordering the displacement of the civilian population for reasonsrelated to the conflict, unless the security of the civilians involvedor imperative military reasons so demand;

ix) Killing or wounding treacherously a combatant adversary;x) Declaring that no quarter will be given;xi) Subjecting persons who are in the power of another party to the

conflict to physical mutilation or to medical or scientificexperiments of any kind which are neither justified by the medical,dental or hospital treatment of the person concerned nor carriedout in his or her interest, and which cause death to or seriouslyendanger the health of such person or persons;

xii) Destroying or seizing the property of an adversary unless suchdestruction or seizure be imperatively demanded by the necessitiesof the conflict;

f) Paragraph 2 (e) applies to armed conflicts not of an internationalcharacter and thus does not apply to situations of internal disturbancesand tensions, such as riots, isolated and sporadic acts of violence orother acts of a similar nature. It applies to armed conflicts that takeplace in the territory of a State when there is protracted armed conflictbetween governmental authorities and organized armed groups orbetween such groups.

3. Nothing in paragraph 2 (c) and (e) shall affect the responsibilityof a Government to maintain or re-establish law and order in the Stateor to defend the unity and territorial integrity of the State, by alllegitimate means.

Article 9 Elements of Crimes1. Elements of Crimes shall assist the Court in the interpretation and

application of articles 6, 7 and 8. They shall be adopted by a two-thirdsmajority of the members of the Assembly of States Parties.

2. Amendments to the Elements of Crimes may be proposed by:a) Any State Party;b) The judges acting by an absolute majority;c) The Prosecutor.Such amendments shall be adopted by a two-thirds majority of themembers of the Assembly of States Parties.

3. The Elements of Crimes and amendments thereto shall beconsistent with this Statute.

Article 11 Jurisdiction ratione temporis1. The Court has jurisdiction only with respect to crimes committed

after the entry into force of this Statute.2. If a State becomes a Party to this Statute after its entry into force,

the Court may exercise its jurisdiction only with respect to crimescommitted after the entry into force of this Statute for that State, unlessthat State has made a declaration under article 12, paragraph 3.

Article 12 Preconditions to the exercise of jurisdiction1. A State which becomes a Party to this Statute thereby accepts the

jurisdiction of the Court with respect to the crimes referred to in article5.2. In the case of article 13, paragraph (a) or (c), the Court may exercise

its jurisdiction if one or more of the following States are Parties to thisStatute or have accepted the jurisdiction of the Court in accordancewith paragraph 3:a) The State on the territory of which the conduct in question occurredor, if the crime was committed on board a vessel or aircraft, the Stateof registration of that vessel or aircraft;b) The State of which the person accused of the crime is a national.3. If the acceptance of a State which is not a Party to this Statute isrequired under paragraph 2, that State may, by declaration lodged withthe Registrar, accept the exercise of jurisdiction by the Court with respectto the crime in question. The accepting State shall cooperate with theCourt without any delay or exception in accordance with Part 9.

Article 13 Exercise of jurisdiction The Court may exercise its jurisdiction with respect to a crime referredto in article 5 in accordance with the provisions of this Statute if:a) A situation in which one or more of such crimes appears to havebeen committed is referred to the Prosecutor by a State Party inaccordance with article 14;b) A situation in which one or more of such crimes appears to havebeen committed is referred to the Prosecutor by the Security Councilacting under Chapter VII of the Charter of the United Nations; orc) The Prosecutor has initiated an investigation in respect of such acrime in accordance with article 15.

Article 14 Referral of a situation by a State Party1. A State Party may refer to the Prosecutor a situation in which one

or more crimes within the jurisdiction of the Court appear to have beencommitted requesting the Prosecutor to investigate the situation for thepurpose of determining whether one or more specific persons shouldbe charged with the commission of such crimes.

2. As far as possible, a referral shall specify the relevantcircumstances and be accompanied by such supporting documentationas is available to the State referring the situation.

Article 15 Prosecutor1. The Prosecutor may initiate investigations proprio motu on the

basis of information on crimes within the jurisdiction of the Court.2. The Prosecutor shall analyse the seriousness of the information

received. For this purpose, he or she may seek additional informationfrom States, organs of the United Nations, intergovernmental or non-governmental organizations, or other reliable sources that he or shedeems appropriate, and may receive written or oral testimony at theseat of the Court.

3. If the Prosecutor concludes that there is a reasonable basis toproceed with an investigation, he or she shall submit to the Pre-TrialChamber a request for authorization of an investigation, together withany supporting material collected. Victims may make representationsto the Pre-Trial Chamber, in accordance with the Rules of Procedureand Evidence.

4. If the Pre-Trial Chamber, upon examination of the request and thesupporting material, considers that there is a reasonable basis to proceed


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with an investigation, and that the case appears to fall within thejurisdiction of the Court, it shall authorize the commencement of theinvestigation, without prejudice to subsequent determinations by theCourt with regard to the jurisdiction and admissibility of a case.

5. The refusal of the Pre-Trial Chamber to authorize the investigationshall not preclude the presentation of a subsequent request by theProsecutor based on new facts or evidence regarding the same situation.

6. If, after the preliminary examination referred to in paragraphs 1and 2, the Prosecutor concludes that the information provided does notconstitute a reasonable basis for an investigation, he or she shall informthose who provided the information. This shall not preclude theProsecutor from considering further information submitted to him orher regarding the same situation in the light of new facts or evidence.

Article 16 Deferral of investigation or prosecutionNo investigation or prosecution may be commenced or proceeded withunder this Statute for a period of 12 months after the Security Council,in a resolution adopted under Chapter VII of the Charter of the UnitedNations, has requested the Court to that effect; that request may berenewed by the Council under the same conditions.

Article 17 Issues of admissibility1. Having regard to paragraph 10 of the Preamble and article 1, the

Court shall determine that a case is inadmissible where:a) The case is being investigated or prosecuted by a State which hasjurisdiction over it, unless the State is unwilling or unable genuinely tocarry out the investigation or prosecution;b) The case has been investigated by a State which has jurisdictionover it and the State has decided not to prosecute the person concerned,unless the decision resulted from the unwillingness or inability of theState genuinely to prosecute;c) The person concerned has already been tried for conduct which isthe subject of the complaint, and a trial by the Court is not permittedunder article 20, paragraph 3;d) The case is not of sufficient gravity to justify further action by theCourt.

2. In order to determine unwillingness in a particular case, the Courtshall consider, having regard to the principles of due process recognizedby international law, whether one or more of the following exist, asapplicable:a) The proceedings were or are being undertaken or the national decisionwas made for the purpose of shielding the person concerned fromcriminal responsibility for crimes within the jurisdiction of the Courtreferred to in article 5;b) There has been an unjustified delay in the proceedings which in thecircumstances is inconsistent with an intent to bring the personconcerned to justice;c) The proceedings were not or are not being conducted independentlyor impartially, and they were or are being conducted in a manner which,in the circumstances, is inconsistent with an intent to bring the personconcerned to justice.

3. In order to determine inability in a particular case, the Court shallconsider whether, due to a total or substantial collapse or unavailabilityof its national judicial system, the State is unable to obtain the accusedor the necessary evidence and testimony or otherwise unable to carryout its proceedings.

Article 18 Preliminary rulings regarding admissibility[ . . . ]

Article 19 Challenges to the jurisdiction of the Court or theadmissibility of a case

[ . . . ]

Article 20 Ne bis in idem1. Except as provided in this Statute, no person shall be tried before

the Court with respect to conduct which formed the basis of crimes forwhich the person has been convicted or acquitted by the Court.

2. No person shall be tried by another court for a crime referred to inarticle 5 for which that person has already been convicted or acquittedby the Court.

3. No person who has been tried by another court for conduct alsoproscribed under article 6, 7 or 8 shall be tried by the Court with respectto the same conduct unless the proceedings in the other court:

a) Were for the purpose of shielding the person concerned from criminalresponsibility for crimes within the jurisdiction of the Court; orb) Otherwise were not conducted independently or impartially inaccordance with the norms of due process recognized by internationallaw and were conducted in a manner which, in the circumstances, wasinconsistent with an intent to bring the person concerned to justice.

Article 21 Applicable law1. The Court shall apply:

a) In the first place, this Statute, Elements of Crimes and its Rules ofProcedure and Evidence;b) In the second place, where appropriate, applicable treaties and theprinciples and rules of international law, including the establishedprinciples of the international law of armed conflict;c) Failing that, general principles of law derived by the Court fromnational laws of legal systems of the world including, as appropriate,the national laws of States that would normally exercise jurisdictionover the crime, provided that those principles are not inconsistent withthis Statute and with international law and internationally recognizednorms and standards.

2. The Court may apply principles and rules of law as interpreted inits previous decisions.

3. The application and interpretation of law pursuant to this articlemust be consistent with internationally recognized human rights, andbe without any adverse distinction founded on grounds such as genderas defined in article 7, paragraph 3, age, race, colour, language, religionor belief, political or other opinion, national, ethnic or social origin,wealth, birth or other status.

PART 3. GENERAL PRINCIPLES OF CRIMINAL LAWArticle 22 Nullum crimen sine lege1. A person shall not be criminally responsible under this Statute unlessthe conduct in question constitutes, at the time it takes place, a crimewithin the jurisdiction of the Court.

2. The definition of a crime shall be strictly construed and shall notbe extended by analogy. In case of ambiguity, the definition shall beinterpreted in favour of the person being investigated, prosecuted orconvicted.

3. This article shall not affect the characterization of any conduct ascriminal under international law independently of this Statute.

Article 23 Nulla poena sine legeA person convicted by the Court may be punished only in accordance

with this Statute.

Article 24 Non-retroactivity ratione personae1. No person shall be criminally responsible under this Statute for

conduct prior to the entry into force of the Statute.2. In the event of a change in the law applicable to a given case prior

to a final judgement, the law more favourable to the person beinginvestigated, prosecuted or convicted shall apply.

Article 25 Individual criminal responsibility1. The Court shall have jurisdiction over natural persons pursuant to

this Statute.2. A person who commits a crime within the jurisdiction of the Court

shall be individually responsible and liable for punishment in accordancewith this Statute.

3. In accordance with this Statute, a person shall be criminallyresponsible and liable for punishment for a crime within the jurisdictionof the Court if that person:a) Commits such a crime, whether as an individual, jointly with anotheror through another person, regardless of whether that other person iscriminally responsible;b) Orders, solicits or induces the commission of such a crime which infact occurs or is attempted;c) For the purpose of facilitating the commission of such a crime, aids,abets or otherwise assists in its commission or its attempted commission,including providing the means for its commission;d) In any other way contributes to the commission or attemptedcommission of such a crime by a group of persons acting with a commonpurpose. Such contribution shall be intentional and shall either:


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i) Be made with the aim of furthering the criminal activity or criminalpurpose of the group, where such activity or purpose involves thecommission of a crime within the jurisdiction of the Court; or

ii)Be made in the knowledge of the intention of the group to committhe crime;

e) In respect of the crime of genocide, directly and publicly incitesothers to commit genocide;f) Attempts to commit such a crime by taking action that commencesits execution by means of a substantial step, but the crime does notoccur because of circumstances independent of the person’s intentions.However, a person who abandons the effort to commit the crime orotherwise prevents the completion of the crime shall not be liable forpunishment under this Statute for the attempt to commit that crime ifthat person completely and voluntarily gave up the criminal purpose.

4. No provision in this Statute relating to individual criminalresponsibility shall affect the responsibility of States under internationallaw.

Article 26 Exclusion of jurisdiction over persons under eighteenThe Court shall have no jurisdiction over any person who was under

the age of 18 at the time of the alleged commission of a crime.[ . . . ]

Article 29 Non-applicability of statute of limitationsThe crimes within the jurisdiction of the Court shall not be subject

to any statute of limitations. [ . . . ]

Article 33 Superior orders and prescription of law1. The fact that a crime within the jurisdiction of the Court has been

committed by a person pursuant to an order of a Government or of asuperior, whether military or civilian, shall not relieve that person ofcriminal responsibility unless:a) The person was under a legal obligation to obey orders of theGovernment or the superior in question;b) The person did not know that the order was unlawful; andc) The order was not manifestly unlawful.

2. For the purposes of this article, orders to commit genocide orcrimes against humanity are manifestly unlawful.

PART 4. COMPOSITION AND ADMINISTRATION OF THECOURT

Article 34 Organs of the CourtThe Court shall be composed of the following organs:

a) The Presidency;b) An Appeals Division, a Trial Division and a Pre-Trial Division;c) The Office of the Prosecutor;d) The Registry. [ . . . ]

PART 5. INVESTIGATION AND PROSECUTION

PART 6. THE TRIALArticle 62 Place of trial

Unless otherwise decided, the place of the trial shall be the seat ofthe Court.

Article 63 Trial in the presence of the accused1. The accused shall be present during the trial.2. If the accused, being present before the Court, continues to disrupt

the trial, the Trial Chamber may remove the accused and shall makeprovision for him or her to observe the trial and instruct counsel fromoutside the courtroom, through the use of communications technology,if required. Such measures shall be taken only in exceptionalcircumstances after other reasonable alternatives have provedinadequate, and only for such duration as is strictly required.

Article 64 Functions and powers of the Trial Chamber1. The functions and powers of the Trial Chamber set out in this

article shall be exercised in accordance with this Statute and the Rulesof Procedure and Evidence.

2. The Trial Chamber shall ensure that a trial is fair and expeditiousand is conducted with full respect for the rights of the accused and dueregard for the protection of victims and witnesses.

3. Upon assignment of a case for trial in accordance with this Statute,the Trial Chamber assigned to deal with the case shall:a) Confer with the parties and adopt such procedures as are necessaryto facilitate the fair and expeditious conduct of the proceedings;b) Determine the language or languages to be used at trial; andc) Subject to any other relevant provisions of this Statute, provide fordisclosure of documents or information not previously disclosed,sufficiently in advance of the commencement of the trial to enableadequate preparation for trial.

4. The Trial Chamber may, if necessary for its effective and fairfunctioning, refer preliminary issues to the Pre-Trial Chamber or, ifnecessary, to another available judge of the Pre-Trial Division.

5. Upon notice to the parties, the Trial Chamber may, as appropriate,direct that there be joinder or severance in respect of charges againstmore than one accused.

6. In performing its functions prior to trial or during the course of atrial, the Trial Chamber may, as necessary:a) Exercise any functions of the Pre-Trial Chamber referred to in article61, paragraph 11;b) Require the attendance and testimony of witnesses and productionof documents and other evidence by obtaining, if necessary, theassistance of States as provided in this Statute;c) Provide for the protection of confidential information;d) Order the production of evidence in addition to that already collectedprior to the trial or presented during the trial by the parties;e) Provide for the protection of the accused, witnesses and victims;andf) Rule on any other relevant matters.

7. The trial shall be held in public. The Trial Chamber may, however,determine that special circumstances require that certain proceedingsbe in closed session for the purposes set forth in article 68, or to protectconfidential or sensitive information to be given in evidence.

8. a) At the commencement of the trial, the Trial Chamber shall haveread to the accused the charges previously confirmed by the Pre-TrialChamber. The Trial Chamber shall satisfy itself that the accusedunderstands the nature of the charges. It shall afford him or her theopportunity to make an admission of guilt in accordance with article65 or to plead not guilty.b) At the trial, the presiding judge may give directions for the conductof proceedings, including to ensure that they are conducted in a fairand impartial manner. Subject to any directions of the presiding judge,the parties may submit evidence in accordance with the provisions ofthis Statute.

9. The Trial Chamber shall have, inter alia, the power on applicationof a party or on its own motion to:a) Rule on the admissibility or relevance of evidence; andb) Take all necessary steps to maintain order in the course of a hearing.

10. The Trial Chamber shall ensure that a complete record of thetrial, which accurately reflects the proceedings, is made and that it ismaintained and preserved by the Registrar.

Article 65 Proceedings on an admission of guilt [. . . ]

Article 66 Presumption of innocence1. Everyone shall be presumed innocent until proved guilty before

the Court in accordance with the applicable law.2. The onus is on the Prosecutor to prove the guilt of the accused.3. In order to convict the accused, the Court must be convinced of

the guilt of the accused beyond reasonable doubt.

Article 67 Rights of the accused1. In the determination of any charge, the accused shall be entitled

to a public hearing, having regard to the provisions of this Statute, to afair hearing conducted impartially, and to the following minimumguarantees, in full equality:a) To be informed promptly and in detail of the nature, cause and contentof the charge, in a language which the accused fully understands andspeaks;b) To have adequate time and facilities for the preparation of the defenceand to communicate freely with counsel of the accused’s choosing inconfidence;c) To be tried without undue delay;d) Subject to article 63, paragraph 2, to be present at the trial, to conductthe defence in person or through legal assistance of the accused’s


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choosing, to be informed, if the accused does not have legal assistance,of this right and to have legal assistance assigned by the Court in anycase where the interests of justice so require, and without payment ifthe accused lacks sufficient means to pay for it;e) To examine, or have examined, the witnesses against him or her andto obtain the attendance and examination of witnesses on his or herbehalf under the same conditions as witnesses against him or her. Theaccused shall also be entitled to raise defences and to present otherevidence admissible under this Statute;f) To have, free of any cost, the assistance of a competent interpreterand such translations as are necessary to meet the requirements offairness, if any of the proceedings of or documents presented to theCourt are not in a language which the accused fully understands andspeaks;g) Not to be compelled to testify or to confess guilt and to remain silent,without such silence being a consideration in the determination of guiltor innocence;h) To make an unsworn oral or written statement in his or her defence;andi) Not to have imposed on him or her any reversal of the burden ofproof or any onus of rebuttal.

2. In addition to any other disclosure provided for in this Statute, theProsecutor shall, as soon as practicable, disclose to the defence evidencein the Prosecutor’s possession or control which he or she believes showsor tends to show the innocence of the accused, or to mitigate the guiltof the accused, or which may affect the credibility of prosecutionevidence. In case of doubt as to the application of this paragraph, theCourt shall decide.

Article 68 Protection of the victims and witnesses and theirparticipation in the proceedings

1. The Court shall take appropriate measures to protect the safety,physical and psychological well-being, dignity and privacy of victimsand witnesses. In so doing, the Court shall have regard to all relevantfactors, including age, gender as defined in article 7, paragraph 3, andhealth, and the nature of the crime, in particular, but not limited to,where the crime involves sexual or gender violence or violence againstchildren. The Prosecutor shall take such measures particularly duringthe investigation and prosecution of such crimes. These measures shallnot be prejudicial to or inconsistent with the rights of the accused anda fair and impartial trial.

2. As an exception to the principle of public hearings provided for inarticle 67, the Chambers of the Court may, to protect victims andwitnesses or an accused, conduct any part of the proceedings in cameraor allow the presentation of evidence by electronic or other specialmeans. In particular, such measures shall be implemented in the caseof a victim of sexual violence or a child who is a victim or a witness,unless otherwise ordered by the Court, having regard to all thecircumstances, particularly the views of the victim or witness.

3. Where the personal interests of the victims are affected, the Courtshall permit their views and concerns to be presented and considered atstages of the proceedings determined to be appropriate by the Courtand in a manner which is not prejudicial to or inconsistent with therights of the accused and a fair and impartial trial. Such views andconcerns may be presented by the legal representatives of the victimswhere the Court considers it appropriate, in accordance with the Rulesof Procedure and Evidence.

4. The Victims and Witnesses Unit may advise the Prosecutor andthe Court on appropriate protective measures, security arrangements,counselling and assistance as referred to in article 43, paragraph 6.

5. Where the disclosure of evidence or information pursuant to thisStatute may lead to the grave endangerment of the security of a witnessor his or her family, the Prosecutor may, for the purposes of anyproceedings conducted prior to the commencement of the trial, withholdsuch evidence or information and instead submit a summary thereof.Such measures shall be exercised in a manner which is not prejudicialto or inconsistent with the rights of the accused and a fair and impartialtrial.

6. A State may make an application for necessary measures to betaken in respect of the protection of its servants or agents and theprotection of confidential or sensitive information.

[ . . . ]

PART 7. PENALTIESArticle 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the followingpenalties on a person convicted of a crime referred to in article 5 of thisStatute:a) Imprisonment for a specified number of years, which may not exceeda maximum of 30 years; orb) A term of life imprisonment when justified by the extreme gravity ofthe crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:a) A fine under the criteria provided for in the Rules of Procedure andEvidence;b) A forfeiture of proceeds, property and assets derived directly orindirectly from that crime, without prejudice to the rights of bona fidethird parties. [ . . . ]

PART 8. APPEAL AND REVISION

PART 9. INTERNATIONAL COOPERATION AND JUDICIALASSISTANCE

Article 86 General obligation to cooperateStates Parties shall, in accordance with the provisions of this Statute,

cooperate fully with the Court in its investigation and prosecution ofcrimes within the jurisdiction of the Court.

Article 98 Cooperation with respect to waiver of immunity andconsent to surrender

1. The Court may not proceed with a request for surrender orassistance which would require the requested State to act inconsistentlywith its obligations under international law with respect to the State ordiplomatic immunity of a person or property of a third State, unless theCourt can first obtain the cooperation of that third State for the waiverof the immunity.

2. The Court may not proceed with a request for surrender whichwould require the requested State to act inconsistently with itsobligations under international agreements pursuant to which theconsent of a sending State is required to surrender a person of thatState to the Court, unless the Court can first obtain the cooperation ofthe sending State for the giving of consent for the surrender.

Article 101 Rule of speciality1. A person surrendered to the Court under this Statute shall not be

proceeded against, punished or detained for any conduct committedprior to surrender, other than the conduct or course of conduct whichforms the basis of the crimes for which that person has been surrendered.

2. The Court may request a waiver of the requirements of paragraph1 from the State which surrendered the person to the Court and, ifnecessary, the Court shall provide additional information in accordancewith article 91. States Parties shall have the authority to provide a waiverto the Court and should endeavour to do so.

PART 10. ENFORCEMENT[ . . .]

PART 11. ASSEMBLY OF STATES PARTIESArticle 112 Assembly of States Parties

1. An Assembly of States Parties to this Statute is hereby established.Each State Party shall have one representative in the Assembly whomay be accompanied by alternates and advisers. Other States whichhave signed this Statute or the Final Act may be observers in theAssembly.

[2. - 10: details on functions of the Assembly of States]

PART 12. FINANCINGArticle 113 Financial Regulations

PART 13. FINAL CLAUSES (Article 119 -128)


235

1235 ECOSOC Resolution 12351503 ECOSOC Resolution 15031503,2 ECOSOC Resolution 2000/341/120 General Assembly Resolution 41/120ACHR American Convention on Human RightsACHR,p1 Protocol in the Area of Economic, Social and Cultural

RightsACHR,p2 Protocol to Abolish the Death PenaltyACPT Inter-American Convention to Prevent and Punish TortureACFD Inter-American Convention on Forced Disappearance of

PersonsACVIO Inter-American Convention on the Prevention, Punish-

ment and Eradication of Violence against WomenACdisable American Convention on the Elimination of All Forms

of Discrimination against Persons with DisabilitiesADEMCH Inter-American Democratic CharterADHR American Declaration of the Rights and Duties of ManAFCHR African Charter on Human and Peoples’ RightsAFCHR, p1 Protocol on the Establishment of an African Court on

Human and Peoples’ RightsAFCHR,p2 Protocol on the Rights of Women in AfricaAFrefugee Convention Governing the Specific Aspects of Refugee

Problems in AfricaAfchild African Charter on the Rights and Welfare of the ChildCairo Cairo Declaration on Human Rights in IslamCAT Convention Against Torture and Other Cruel, Inhuman

or Degrading Treatment or PunishmentCAT,p Optional Protocol to CATCEDAW Convention on the Elimination of All Forms of

Discrimination Against WomenCEDAW, p1 Optional Protocol to CEDAWCERD Convention on the Elimination of All Forms of Racial

DiscriminationCMW Convention on the Protection of the Rights of All Migrant

Workers and Members of their FamiliesCoE Statute of the Council of EuropeCRC Convention on the Rights of the ChildCRC,p1 Optional Protocol on the Involvement of Children in

Armed ConflictCRC,p2 Optional Protocol on the Sale of Children, Child

Prostitution and Child PornographyCSCE,c Document of the Copenhagen Meeting of the Conference

on the Human Dimension of the CSCECSCE,g Geneva Meeting of Experts on National MinoritiesCSCE,h Final Act of the CSCE, HelsinkiCSCE hII Final Act Helsinki IICSCE,m Document of the Moscow MeetingCSCE,p Charter of Paris for a New EuropeCSCE,v Concluding Document of the Vienna MeetingDefenders Declaration on Human Rights DefendersDemocracy Inter-American Democratic CharterDetention Body of Principles on Detention or ImprisonmentDevelopm. Declaration on the Right to DevelopmentDisabled Declaration on the Rights of Disabled PersonsDisappear Declaration on the Protection of All Persons from

Enforced DisappearancesECHR European Convention on the Protection of Human Rights

and Fundamental FreedomsECHR,p1-13 Protocol 1-13 to the European ConventionECMIN Framework Convention for the Protection of National

MinoritiesECLANG European Charter for Regional or Minority LanguagesECPT European Convention for the Prevention of Torture and

Inhuman or Degrading Treatment or PunishmentECRI European Committee against Racism and IntoleranceEducation Convention against Discrimination in EducationEUCharter Charter of Fundamental Rights of the European UnionEUTreaty Treaty of the European UnionESCEuropean Social Charter

ESC,pl Additional Protocol to the European Social CharterESC,p2 Protocol Amending the European Social CharterExecutions Principles on the Effective Prevention and Investigation

of Extra-Legal, Arbitrary and Summary ExecutionsGeneva I Geneva Convention I; for the Amelioration of the

Condition of the Wounded and Sick in Armed Forces inthe Field

Geneva II Geneva Convention II; for the Amelioration of theCondition of the Wounded, Sick and ShipwreckedMembers of Armed Forces at Sea

Geneva III Geneva Convention III; Relative to the Treatment ofPrisoners of War

Geneva IV Geneva Convention IV; Relative to the Protection ofCivilian Persons in Time of War

Geneva,p1 Protocol I; Relating to the Protection of Victims ofInternational Armed Conflicts

Geneva,p2 Protocol II; Relating to the Protection of Victims of Non-International Armed Conflicts

Genocide Convention on the Prevention and Punishment ofGenocide

ICC,Rome Rome Statute on the International Criminal CourtICCPR International Covenant on Civil and Political RightsICCPR,pl Optional Protocol I to the ICCPRICCPR,p2 Optional Protocol II to the ICCPRICESCR International Covenant on Economic, Social and Cultural

RightsICJ Statute of the International Court of JusticeILO 029 Convention on Forced or Compulsory LabourILO 087 Convention on Freedom of Association and Protection

of the Right to OrganizeILO 098 Convention on Application of the Principles of the Right

to Organize and Bargain CollectivelyILO 100 Convention on Equal Remuneration for Men and Women

Workers for Work of Equal ValueILO 105 Convention on Abolition of Forced LabourILO 111 Convention on Discrimination in Respect of Employment

and OccupationILO 122 Employment Policy ConventionILO 138 Convention on Minimum Age for Admission to

EmploymentILO 169 Convention on Indigenous and Tribal PeoplesILO 182 Convention on Prohibition and Immediate Action for the

Elimination of the Worst Forms of Child LabourJudiciary Basic Principles on the Independence of the JudiciaryLawenforce Code of Conduct for Law Enforcement OfficialsLawyers Basic Principles on the Role of LawyersMedic Principles of Medical Ethics Relevant to the Role of

Health Personnel, Particularly Physicians, in theProtection of Prisoners and Detainees against Torture andOther Cruel and Inhuman Treatment or Punishment

Minorities Declaration on the Rights of Persons Belonging toNational or Ethnic, Religious or Linguistic Minorities

NGO ECOSOC Resolution 1996/31 on NGO=sOSCE,ist Istanbul Meeting of the OSCEPrison Standard Minimum Rules for the Treatment of PrisonersPrisoner Basic Principles for the Treatment of PrisonersRefugee Convention Relating to the Status of RefugeesRefugee,pl Protocol Relating to the Status of RefugeesReligion Declaration on Intolerance Based on Religion or BeliefTeheran Proclamation of TeheranTreaties Vienna Convention on the Law of TreatiesUDHR Universal Declaration of Human RightsUNCharter Charter of the United NationsVictims Basic Principles of Justice for Victims of Crime and

Abuse of PowerVienna Declaration of Vienna

ANNEX 1List of acronyms/abbreviations

ANNEX 1 LIST OF ACRONYMS/ABBREVIATIONS

236

keyword page article document

1235 resolution 088 12351503 resolution 089 1503

Aabduction of children 073 20 disappearabuse of rights, no 202 54 eucharterabuse; no abuse of rights 004 5 icescabuse; no abuse of rights 007 5 iccpracces to documents, right to 202 42 eucharteraccess to court 065 11 detentionaccess to justice 133 8 afchr,p2access to lawyers 070 7 lawyersaccess to services 201 36 eucharteraccused, rights of the 008 14.2 iccpraccused, rights of the 233 67 icc,romeacquis communautaire 199 2 eutreatyadequate standard of living 003 25 udhradministration and language 195 10 eclangadministration of justice 206 5 csce,cadministration, right to good - 202 41 eucharteradmissibility 024 3 cedaw,p1admissibility 178 8 echr,p14admissibility issues, war crimes 232 17 icc,romeadoption 036 21 crcadoption 140 24 AFchildadoption of a text 220 9 treatiesadverse effects 068 4 medicadvisory opinions 130 4 afchr,p1advisory opinions (ECHR) 169 47 echradvocacy 101 7 defendersaffirmative action 020 4 cedawAfrican commission 126 30-54 afchrAfrican Court of Human Rights 130 1 afchr,p1aged 154 17 achr,p1apartheid, racial segregation 017 3 cerdapplication of treaties 221 27 treatiesarbitrary arrest 002 9 udhrarbitrary arrest 008 9 iccprarbitrary arrest 038 37 crcarbitrary arrest 126 6 afchrarbitrary arrest 145 7.2 achrarbitrary arrest 166 5 echrarmed conflict 115 2 geneva4armed conflict and children 040 1 crc,p1armed conflict min. standards 109 3 geneva1armed conflicts and children 140 22 AFchildarmed forces at sea(geneva conv) 110 geneva2armed forces, right to organize 050 5 ILO 098arrest 062 84-93 prisonarrest 065 preamb. detentionassembly 003 20 udhrassembly 009 21,22 iccprassembly 126 11 afchrassembly 146 15 achrassembly 167 11 echrassembly of states parties 219 112 icc,romeassociation 003 20 udhrassociation 009 22 iccprassociation 035 15 crcassociation 101 4 defendersassociation 146 16 achrassociation 167 11 echr

INDEX Annex 2

Article refers to the relevant article, principle or paragraph in the document concerned.For the acronyms of the documents see previous page.

ANNEX 2 INDEX


association 181 5 escassociation, freedom of 049 ILO 087association, freedom of 126 10 afchrasylum 002 14 udhrasylum 078 refugeeasylum 136 2 AFrefugeasylum 144 27 adhrasylum 200 18 eucharterattack 119 49 geneva,p1autopsy 074 12-13 execution

Bbargaining, collective 181 6 escbelief 097 religionbest interests of the child 138 4 AFchild

Ccat-committee 028 17 catcedaw committee 022 17 cedawcerd committee 017 8 cerdchild138 2 AFchildchild201 24 eucharterchild labour 037 32 crcchild labour 055 1 ILO 138child labour 057 1 ILO 182child labour 139 15 AFchildchild prostitution 042 1 crc,p2children 009 24 iccprchildren 034 crcchildren 121 77 geneva,p1children 181 7 escchildren 215 7 cairochildren of imprisoned mothers 141 30 AFchildchild’s best interests 034 3 crcchild’s opinion 035 12 crcchild, definition 034 1 crcchild, definition 057 2 ILO 182civil imprisonment 172 1 echr,p4civil prisoners 062 94 prisoncivilian objects 120 52-56 geneva,p1civilian population 119 48- geneva,p1civilians 115 geneva4civilians 124 13 geneva,p2code of conduct, law enforcement 063 lawenforcecode of conduct, lawyers 070 26 lawyerscoercion, prohibition of 116 31 geneva4collective bargaining 050 ILO 098collective bargaining 81 6 esccollective bargaining 201 28 euchartercollective complaints 185 D esccollective complaints 188 1 esc,p2Commission, Inter-American - 148 34-51 achrcommunications 142 44 AFchildcompensation 008 14.6 iccprcompensation 067 35 detentioncompensation 075 20 executioncompensation 077 12-13 victimscompensation 146 10 achrcompensation 174 3 echr,p7compulsory labour 048 2 ILO 029conciliation 011 42 iccprconscience 003 18 udhrconscience 009 18 iccpr

237


conscience 126 8 afchrconscience, religion 146 12 achrconscientious objectors 208 18 csce,cconsular protection 202 46 eucharterconsultative status 093 ngoconsumer protection 201 38 euchartercontrol system of the convention 177 echr,p14correspondence 143 10 adhrcorruption 064 7 lawenforcecorruption 214 33 osce,istcrime of aggression 229 5 icc,romecrimes against humanity 224 5 ictycrimes against humanity 228 3 ictrcrimes against humanity 229 7 icc,romecrimes, elements of - 231 9 icc,romecriminal court (world) 108 92 viennacriminal court, international 229 1 icc,romecriminal justice (lawyers) 070 5-8 lawyerscultural activities of minorities 196 12 eclangcultural context 134 17 afchr,p2cultural heritage 211 IV, 3 csce,gcultural objects, protection 124 16 geneva,p2culture 003 27 udhrculture 005 15 icescculture 037 31 crcculture 084 1 minoritiesculture 153 14 achr,p1culture, intercultural dialogue 191 6 ecminculture, right to benefits of 143 13 adhrcustoms 086 8 indigenouscustom, international 222 38 treaties

Ddangerous work, minimum age 055 2 ILO 138death penalty 007 6 iccprdeath penalty 014 1-11 iccpr,p2death penalty 038 37 crcdeath penalty 145 4.2-6 achrdeath penalty 173 echr,p6death penalty 176 1 echr,p13death penalty 208 17 csce,cdeath penalty, non application 155 1 achr,p2debtor imprisonment 008 11 iccprdebtor imprisonment 146 7.7 achrdebtor imprisonment 172 1 echr,p4decent living 004 7a)ii) icescdemocracy 206 3,26 csce,cdemocracy and environment 163 15 ademchdemocracy as basis of rule of law 162 1 ademchdemocracy, dev. & h.r. 105 8 viennademocratic culture 163 26 a.f. ademchdemocratic institutions 209 26 csce,cdenunciation 116 49 geneva4derogations 007 5 iccprdetained person 065 preamb. detentiondetainees 118 76 geneva4detention 008 10 iccprdetention 058-062prisondetention 065 detentiondetention 068 medicdetention conditions 159 XI acfddetention without charge 062 95 prisondevelopment 086 7 indigenousdevelopment 127 22 afchrdevelopment 147 26 achrdevelopment, right to 099 developmentdevelopment, right to participate 162 6 ademchdignity 002 1 udhrdignity 126 5 afchr

keyword page article documentdignity, human dignity 063 2 lawenforcedignity, right to 132 3 afchr,p2disabilities 201 26 eucharterdisability 164 1 acdisabledisabled 182 15 escdisabled child 036 23 crcdisabled persons 087 disableddisabled persons 154 18 achr,p1disappearance 072 disappeardisappearances 158 II acfddisappearance, jurisdiction on 158 IV acfddisappearance, cooperation against159 XII acfddiscrimination 002 2 udhrdiscrimination 004 2.2 icescdiscrimination 016 1 cerddiscrimination 020 cedawdiscrimination 034 2 crcdiscrimination 065 5 detentiondiscrimination 097 religiondiscrimination 126 2 afchrdiscrimination 167 14 echrdiscrimination against women 132 2 afchr,p2discrimination definition 016 1 cerddiscrimination in education, def. 096 1 educationdiscrimination in employment 053 ILO 111discrimination, non- 007 2 iccprdiscrimination, non- 009 26 iccprdiscrimination, non- 045 7 cmwdiscrimination, non- 137 4 AFrefugediscrimination, non- 175 1 echr,p12discrimination, positive 020 4 cedawdismissal, no unjustified. 201 30 eucharterdistinction or preference 164 1b acdisabledivorce 133 7 afchr,p2documents 080 28 refugeedocuments, non destruction of 046 21 cmwdomestic remedies exhausted 013 2 iccpr,p1due process 216 19 cairodue process rights 038 40 crcduties 003 29 udhrduties 101 18 defendersduties 127 27-29 afchrduties 144 29-38 adhrduties UN 219 55 uncharterduty to pay taxes 144 36 adhr

Eecon soc. & cult rights 003 22 udhrecon., social & cult. rights 209 23 csce,cECOSOC functions 219 62 unchartereducation 003 26 udhreducation 021 10 cedaweducation 037 28,29 crceducation 062 77 prisoneducation 096 educationeducation 127 17 afchreducation 139 11 AFchildeducation 153 13 achr,p1education 171 2 echr,p1education 181 9,10 esceducation 200 14 euchartereducation 215 9 cairoeducation and democracy 163 16 ademcheducation (language-) 195 8 eclangeducational choice 005 13 icesceducation, right to - of women 134 12 afchr,p2effective remedies 107 27 viennaeffective remedy 002 8 udhreffective remedy 007 2.3a iccpreffective remedy 167 13 echreffective remedy 206 5.10 csce,c

ANNEX 2 INDEX

238


effective remedy and fair trial 202 47 eucharterelderly 154 17 achr,p1elderly 183 23 escelderly 201 25 eucharterelections 003 21 udhrelections 009 25 iccprelections 171 3 echr,p1elections 207 7,8 csce,celectoral observation 163 24 ademchemergency 209 25 csce,cemergency, public 167 15 echremergency, state of 007 4 iccpremergency, state of 212 28 csce,memployment age 055 1 ILO 138employment equal opportunities 183 20 escemployment policy 054 ILO 122employment, termination of 183 24 escenforced disappearance 072 disappearenquiry 114 132 geneva3entry into force 221 24 treatiesenvironment 127 24 afchrequal before the law 002 7 udhrequal before the law 007 2 iccprequal before the law 022 15 cedawequal before the law 126 3 afchrequal remuneration 004 7a)i) icescequal remuneration 051 1 ILO 100equal rights 203 VIII csce,hequality before the law 002 6 udhrequality before the law 009 26 iccprequality before the law 143 2 adhrequality before the law 201 20 eucharterequality of sexes 002 1 udhrequality of sexes 004 3 icescequality of sexes 007 3 iccprequality of spouses 002 16 udhrequality of spouses 174 5 echr,p7ESC committee 006 1 icesceuropean court of human rights 168 19-51 echrex aequo et bono 223 38 icjexecutions 074 executionexile 205 23 csce,vexistence, self-determination 127 20 afchrexit, reentry 002 13 udhrexit, reentry 008 12.2-4 iccprexpression 003 19 udhrexpression 009 19 iccprexpression 035 13 crcexpression 167 10 echrexpression 207 9 csce,cexpression, freedom of 216 22 cairoexpulsion 008 13 iccprexpulsion 080 32 refugeeexpulsion, collective 172 4 echr,p4expulsion, prohibition 046 20 cmwexternal debt burden 105 12 viennaextradition rules 157 13 acptextradition, non- 026 3 catextra-legal executions 074 execution

Ffact finding mission 122 90 geneva,p1fair trial 002 10 udhrfair trial 008 14 iccprfair trial 126 7 afchrfair trial 146 8 achrfair trial 167 6 echrfair trial, in occupied territories 117 71-75 geneva4fair trial, right to 144 18 adhr

keyword page article documentfamily 002 16 udhrfamily 005 10 icescfamily 009 23 iccprfamily 127 18 afchrfamily 147 17 achrfamily 153 15 achr,p1family 167 12 echrfamily and marriage 200 9 eucharterfamily information 075 16 executionfamily reunification 035 10 crcfederal clause 081 1 refugee,p1federal clause 147 28 achrfood security, right to 134 15 afchr,p2forced labour 008 8.3 iccprforced labour 048 ILO 029forced labour 052 ILO 105forced labour 083 5 slaveryforced labour 166 4 echrforced labour 200 5 eucharterforced movement, prohibition of 124 17 geneva,p2force, use of 063 3 lawenforcefree 002 1 udhrfreedom of movement 008 12.1 iccprfriendly settlement 169 39 echrfrontier worker 044 2,a cmwfundamental freedoms 199 6 eutreatyfundamental guarantees, war 122 75 geneva,p1

Ggender based violence 107 38 viennagenocide 224 4 ictygenocide 228 2 ictrgenocide 229 6 icc,romegenocide, definition 015 2 genocidegenocide, legislation against 015 5 genocidegross & systemat. violations 107 30 viennaguiding principles / prisoners 061 56-66 prison

Hhabeas corpus 008 9.4 iccprhabeas corpus 067 32 detentionhandicapped children 139 13 AFchildharmful practices, elimination of 133 5 afchr,p2hate propaganda 009 20 iccprhealth 005 12 iceschealth 021 12 cedawhealth 139 14 AFchildhealth 153 10 achr,p1health 182 11 eschealth care 201 35 eucharterhealth personnel 068 medichealthy environment 153 11 achr,p1healthy working conditions 004 7b) iceschealth, mental 037 25 crchigh commissioner for HR 106 18 viennahostages 114 34 geneva4housing 184 31 eschousing, adequate 134 16 afchr,p2human dimension 213 19-27 osce,isthuman person in development 099 2 developmenthuman rights committee 009 28-43 iccprhuman rights defenders 101 defendershuman rights defenders 207 10 csce,chuman sanctity 215 cairohumane treatment 008 10 iccprhumane treatment 123 4-6 geneva,p2humane treatment 145 5 achrhumane treatment of prisoners 111 13 geneva3

ANNEX 2 INDEX

239


Iidentity 035 8 crcidentity of minorities 210 33 csce,cilliterates 103 14 teheranimmunity 069 16 judiciaryimmunity, waiver of 234 98 icc,romeimprisoned person 065 preamb. detentionincitement to commit genocide 015 3 genocideindependence of courts 127 25 afchrindependence of judiciary 069 1-9 judiciaryindependence of the court 130 15 afchr,p1indigenous peoples 085 indigenousindividual communications 024 1 cedaw,p1individual complaint 013 1 iccpr,p1individual complaint 017 14 cerdindividual complaint 028 22 catindividual complaint 149 44 achrindividual complaint 168 34 echrindividual criminal responsibility 224 7 ictyindividual criminal responsibility 232 25 icc,romeindivisibility 100 9 developmentinformation 003 19 udhrinformation 035 17 crcinformation 126 9 afchrinformation 167 10 echrinformation & consultation, right 183 21 escinheritance, right to 135 21 afchr,p2inhuman treatment 068 medicinquiry 024 8 cedaw,p1inquiry 074 11 executionintegrity of the person 133 4 afchr,p2integrity of the person 200 3 eucharterInter-American Commission 148 34-51 achrInter-American court of HR 150 52 a.f. achrinternational development policy 099 4 developmentinterpretation, general rule 222 31 treatiesinterpretation, rules of - 222 31 treatiesinterrogations 066 23 detentionintolerance 198 3 ecriintolerance (religion) 097 religionint. court of justice 220 92-96 uncharterint. court of justice 223 1-70 icjitinerant worker 044 2,e cmw

Jjudge, single 178 7 echr,p14judicial authorities and language 195 9 eclangjudicial authority 065 preamb. detentionjudicial protection 147 25 achrjudiciary 069 judiciaryjudiciary, independence 212 19,20 csce,mjuridical personality 145 3 achrjuridical status (refugee) 079 12-16 refugeejurisdiction 026 5 catjurisdiction 069 5 judiciaryjurisdiction on crimes 231 11 a.f icc,romejustice 206 5 csce,cjuvenile justice 038 40 crcjuvenile justice 140 17 Afchild

Llabour of prisoners of war 111 49-52 geneva3labour, no compulsory 045 11 cmwland 086 13-19 indigenouslanguage 084 minoritieslanguages, protection of 194 eclanglanguage, minority rights 192 10 ecminlaw enforcement 063 lawenforcelawfulness of detention 067 37 detentionlawyers 070 lawyerslawyer, right to be assisted by - 070 5 lawyers


law, duty to obey - 144 33 adhrlaw, sources of law 126 60-61 afchrleisure / paid leave 003 24 udhrleave, right to leave a state 045 8 cmwlegal aid 070 3 lawyersleisure 143 15 adhrliberty and security 045 16 cmwliberty and security 200 6 eucharterliberty of movement 172 2 echr,p4liberty of person 008 9 iccprliberty of person 166 5 echrlife 002 3 udhrlife 007 6 iccprlife 034 6 crclife 145 4 achrlife 166 2 echrlife 200 2 eucharterlife and integrity 126 4 afchrlimitations 004 4 icesc

Mmarriage 002 16 udhrmarriage 133 6 afchr,p2media 196 11 eclangmedical ethics 068 medicmembers of the family, definition 044 4 cmwmembership of a minority 191 3 ecminmentally ill 062 82-83 prisonmigrant workers 183 19 escmigrant worker, definition 044 2 cmwmigrants, rights of 044 1 cmwmilitary 063 lawenforceminimum age for employment 055 2& 3 ILO 138minorities 009 27 iccprminorities 037 30 crcminorities 084 minoritiesminorities 191 1 ecminminorities 209 30-36 csce,cminorities 211 csce,gminority languages 194 7 eclangminority culture 191 5 ecminmothers and children, protection 143 7 adhrmothers & children 005 10 icescmovement 209 19 csce,cmovement & residence 205 20 csce,vmovement, freedom of 002 13 udhrmovement, freedom of 008 12.1 iccprmovement, freedom of 127 12 afchr

Nname 147 18 achrname, right to a name 138 6 AFchildnational institutions 107 36 viennanational minorities 084 minoritiesnational minorities 191 ecminnational preventive mechanism 032 17 cat,pnationality 002 15 udhrnationality 021 9 cedawnationality 034 7 crcnationality 147 20 achrnationality, right to 144 19 adhrne bis in idem 008 14.7 iccprne bis in idem 174 4 echr,p7ne bis in idem 224 10 ictyne bis in idem 232 20 icc,romeNGO’s 093 ngonon-discrimination 016 1 cerdnon-discrimination 210 40 csce,cnulla poena etc. 146 9 achrnulla poena sine lege 232 23 icc,romenulla poena sine lege 009 15 iccpr

ANNEX 2 INDEX

240


Oobjection to a reservation 221 20 treatiesobservers 207 8,12 csce,coccupied territories 116 47-76 geneva4occupied territories 116 47-77 geneva4ombudsman 202 43 eucharteropinion 009 19 iccpropinion & expression 003 19 udhrorganize, right to 049 ILO 087organize, right to 050 ILO 098

Ppardon 228 27 ictrparent care 140 19 AFchildparental responsibilities 035 18 crcparents, rights & duties 034 5 crcparticipation 087 9 disabledparticipation 210 35 csce,cparticipation 133 9 afchr,p2participation in conferences 095 ngoparticipation in government 003 21 udhrparticipation in government 009 25 iccprparticipation in govt. 147 23 achrparticipation in public life 021 7 cedawpeace and development 100 7 developmentpeace & security (right to) 127 23 afchrpeace, right to 133 10 afchr,p2penal laws, in occupied territory 117 64-70 geneva4peoples’ rights 127 19-24 afchrpeoples; non independent 013 7 iccpr,p1perpetrators, persecution of - 073 14 disappearpersonal and family rights 022 16 cedawpersonal data protection 200 8 eucharterpetition, right to 202 44 eucharterphysicians 068 medicpolice 063 lawenforcepolitical parties and elections 162 5 ademchpolitical rights 207 7 csce,cpornography, prohibition of child 042 1 crc,p2positive discrimination 020 4 cedawpositive state obligations 096 4 educationpoverty & social exclusion 184 30 escpoverty, extreme 105 14 viennapower, abuse of 077 victimspresumed innocence 002 11 udhrpresumed innocence 008 14.2 iccprpresumed innocence 167 6.2 echrpresumption of innocence 067 36 detentionprevention of executions 074 1-8 executionprimary education 005 14 icescprinciples 218 2 uncharterprinciples of criminal law 232 22 a.f. icc,romeprisoners 068 medicprisoners of war 111 geneva3prisoners, treatment of 076 prisonerprisoners, treatment of - 058-062prisonprivacy 035 16 crcprivacy 045 14 cmwprivacy 138 10 AFchildprivacy 138 10 AFchildprivacy 146 11 achrprivacy 167 8 echrprivacy, right to 143 5 adhrprivacy/family life 002 12 udhrprivacy/family life 009 17 iccprprogressive realisation 004 2 icescpromotion of human rights 101 1-3 defendersproperty 002 17 udhrproperty 127 14 afchrproperty 144 23 adhrproperty 147 21 achr


property 171 1 echr,p1property 200 17 eucharterproperty, right to 045 15 cmwprosecutor 231 15 icc,romeprostitution, child 042 1 crc,p2protection of lawyers 070 lawyerspublic servants, right to strike 050 6 ILO 098punishable acts, genocide 015 3 genocidepunishment 116 32 geneva4purposes UN 218 1 uncharter

Rracial discrimination 016 1 cerdracism 198 3 ecriracism 210 40 csce,cratification 104 4 viennaratification 220 2 treatiesratione temporis 231 11 icc,romerecognition before the law 009 16 iccprrecruitment prohibition, children 040 4 crc,p1Red Cross, International Committ.109 9 geneva1redress & compensation 073 19 disappearredress & reparation 026 14 catrefoulement, non- 026 3 catrefoulement, non- 080 33 refugeerefugee children 036 22 crcrefugee children 140 23 AFchildrefugee (definition) 078 1 refugeerefugee (definition) 081 1 refugee,p1refugee (definition) 082 3 cartagenarefugee, def. 136 1 AFrefugeregional arrangements 107 37 viennarelief 117 59 geneva4relief for civilian pop. 120 68-71 geneva,p1religion 003 18 udhrreligion 078 4 refugeereligion 084 1 minoritiesreligion 097 religionreligion 200 10 eucharterreligion 203 VII csce,hreligion 204 16 csce,vreligious freedom 143 3 adhrrelocation 086 16 indigenousremand 062 84-93 prisonremedies, effective 208 11 csce,cremedy 027 13 catremuneration 051 1 ILO 100remuneration (fair) 181 4 escrepatriation, voluntary 137 5 AFrefugereply146 14 achrreporting procedure 142 43 AFchildreporting (state reports) 006 16 icescreporting, state - 148 42 achrreprisals 116 33 geneva4reproductive rights 134 14 afchr,p2reservation 220 2,19-23 treatiesreservations 105 5 viennareservations, prohibition of 155 2 achr,p2residence 147 22 achrresidence, freedom of 202 45 eucharterresidence, right to residence 143 8 adhrresolution 1235 088 1235resolution 1503 089 1503resolution on improvement 1503 089 1503/2rest and leisure 004 7d) icescrestitution 077 08-11 victimsrest, right to rest and leisure 003 24 udhrretroactivity 146 9 achrretroactivity 167 7 echrretroactivity of laws 002 11 udhr

ANNEX 2 INDEX

241


retroactivity, non- 220 4 treatiesright of appeal 174 2 echr,p7right to inviolability of the home 143 9 adhrright to enter nat. terr. 172 3 echr,p4right to respect human dignity 087 3 disabledright to review 174 2 echr,p7rule of law 206 2-4 csce,crule of law 212 18 csce,mrural women 022 14 cedaw

Ssafe working conditions 181 3 escscope of the rights of man 144 28 adhrseamen 110 geneva2seasonal worker 044 2,b cmwsecurity of person 008 9 iccprsecurity of the person 166 5 echrself-determination 004 1 icescself-determination 007 1 iccprself-determination 104 2 viennaself-determination 203 VII csce,hsemitism, ant-semitism 198 1 ecriservice & tenure judiciary 069 11-14 judiciarysetting standards 092 41/120sexual exploitation 141 27 AFchildsexual exploitation, no - 037 34 crcsexual violence 160 1 acvioslave trade 083 1 slaveryslavery 002 4 udhrslavery 008 8.2 iccprslavery 083 1 slaveryslavery 145 6 achrslavery, no - 045 11 cmwsocial duties 128 29 afchrsocial rights 021 11 cedawsocial security 003 22 udhrsocial security 005 9 icescsocial security 037 26 crcsocial security 144 16 adhrsocial security 153 9 achr,p1social security 182 12 escsocial security and social assist. 201 34 euchartersocial welfare services 182 14 escsocial & international order 003 28 udhrsources of int. law 223 38 icjsources of law 126 60-61 afchrstandard of living 003 25 udhrstandard of living 005 11 icescstandard of living 037 27 crcstandards 092 41/120state complaint 010 41 iccprstate complaint 017 11 cerdstate complaint 028 21 catstate complaint 168 33 echrstate obligations 053 3 ILO 111State obligations / discrimination 016 2 cerdState obligation, rights of child 034 4 crcstate reports 010 40 iccprstate reports 017 9 cerdstate reports 022 18 cedawstate reports 028 19 catstate reports 039 44 crcstate reports 148 42,43 achrstates, definition of states 044 6 cmwstrike, right to strike 005 8 icescstructural changes 021 5 cedawsummary executions 074 executionsupervision mechanism 006 16-22 icescsupervision mechanism 010 28-43 iccprsupervisory visits 189 ecptsustainable development, right to 135 19 afchr,p2


Teheran, procl. of 103 teheranterms of office of judges 178 2 echr,p14terrorism 105 17 viennathird party intervention 169 36 echrthird party intervention 179 13 echr,p14thought 009 18 iccprthought 146 13 achrthought 203 VII csce,hthought 207 9.4 csce,cthought, conscience 003 18 udhrthought, conscience 167 9 echrthought, freedom of 045 12 cmwtolerance, promotion of 198 1 ecritorture 002 5 udhrtorture 008 7 iccprtorture 026-29 cattorture 063 5 lawenforcetorture 068 2 medictorture 166 3 echrtorture 189 ecpttorture 208 16 csce,ctorturers, extradition of 156 11 acpttorture, definition 026 1 cattorture, definition 156 3 acpttorture, guilty of 156 3 acpttorture, prevention obligations 156 7 acpttorture, preventive mechanisms 032 19 cat,ptrade in children, prohibition 035 11 crctrade in children, prohibition 038 35 crctrade union rights 153 8 achr,p1trade unions 004 8 icesctraffic in women 021 6 cedawtransfer of sentenced persons 208 15 csce,ctransfrontier exchanges 197 14 eclangtreaties 220 2 treatiestrial observers 208 12 csce,c

UUN purposes 218 1 uncharterunions 050 2 ILO 098universal jurisdiction 026 5 catuniversality 104 1, 5 viennaurgent measures 024 5 cedaw,p1usury 216 14 cairo

Vvictims 077 01 victimsvictims, protection of 234 68 icc,romevictims, protection of - 123 geneva,p2Vienna law of treaties 220 treatiesVienna, declaration of 104 viennaviolence against women 132 1,j afchr,p2violence against women 160 2 acviovisits to persons deprived of liberty 189 2 ecptvisits to prisons 030 1 cat,pvocational guidance 182 10 escvocational training 182 10 escvote, duty to - 144 32 adhrvulnerable groups 102 24 vienna

Wwar crimes 224 3 ictywar crimes 230 8 icc,romewar propaganda 009 20 iccprwealth & natural resources 127 21 afchrwealth, natural wealth & resource 012 47 iccprwelfare (refugees) 079 20-24 refugeewidow’s rights 135 20 afchr,p2women 020 cedawwomen 121 76 geneva,p1women, discrimination 103 15 teheran

ANNEX 2 INDEX

242


women, employed 181 8 escwomen, measures against 162 8 acviowomen, traffic in 021 6 cedawwomen, violence against 160 1 acviowork 003 23 udhrwork 004 6 icescwork 152 6,7 achr,p1work 180 1 escwork 200 15 eucharterwork 216 13 cairowork conditions 004 7 icescworkers’ right to consultation 201 27 eucharterworking conditions 181 2,3 escworking conditions 183 22 escwork, dignity at work 184 26 escwork, duty to - 144 37 adhrwork, right to 143 14 adhrworst forms of child labour 057 3 ILO 182wounded & sick (geneva conv.) 109 geneva1wounded, sick and shipwrecked 123 7-11 geneva,p2

ANNEX 2 INDEX

243

USEFUL INTERNET RESOURCES

United Nations Treaty Collectionhttp://untreaty.un.org

United Nations High Commissioner for Human Rights (UNHCHR)http://www.unhchr.ch/

United Nations Educational, Scientific and Cultural Organisation (UNESCO)http://www.unesco.org/

United Nations High Commissioner for Refugees (UNHCR)http://www.unhcr.ch

Bayefski.com: The United Nations Human Rights Treaties:http://www.bayefsky.com/

Commission on Human Rights: Country and Thematic Mechanisms, Resolutions and Decisionshttp://www.unhchr.ch/html/menu2/2/chr.htm

Human Rights Committee (HRC): Individual complaints, Decisions, Official records and Country Reportshttp://www.unhchr.ch/html/menu2/6/hrc.htm

Committee Against Torture (CAT): Individual complaints, Decisions, Official records and Country Reportshttp://www.unhchr.ch/html/menu2/6/cat.htm

Committee on the Elimination of Discrimination Against Women (CEDAW): Country Reports and Other Documentshttp://www.unhchr.ch/html/menu2/6/cedw.htmhttp://www.un.org/womenwatch/daw/cedaw/committ.htm

Committee on the Rights of the Child (CRC): Country Reports and Other Documentshttp://www.unhchr.ch/html/menu2/6/crc.htm

Committee on the Elimination of Racial Discrimination (CERD): Individual complaints, Decisions, Official records andCountry Reportshttp://www.unhchr.ch/html/menu2/6/cerd.htm

Committee on Economic, Social, and Cultural Rights (CESCR): Country Reports and Other Documentshttp://www.unhchr.ch/html/menu2/6/cescr.htm

ILOLEX (Database on International Labour Standards)http://www.ilo.org/ilolex/english/

International Committee of the Red Crosshttp://www.cicr.orgleng

African Union (AU)http://www.africa-union.org/

Council of Europe (CoE): Human Rights Directoratehttp://www.coe.int/T/E/Human_rights/

European Committee for the Prevention of Torture (ECPT)http://www.cpt.coe.int

European Court of Human Rights (ECHR)http://www.echr.coe.int

European Union (EU)http://europa.eu.int/

Organisation of the Islamic Conference (OIC)http://www.oic-oci.org/

Organisation of American States (OAS)http://www.oas.org

Inter-American Commission on Human Rights (IACHR)http://www.cidh.oas.org

Inter-American Court of Human Rights (IACtHR)http://www.corteidh.or.cr/

Organisation for Security and Co-operation in Europe (OSCE)http://www.osce.org

USEFUL INTERNET RESOURCES

244